The Consell de Formentera has sanctioned with 100.000 euros fine to the promoter company of an illegal party in a tourist house in the area of es Cap de Barbaria held in July 2023.
The insular institution has indicated in a note that has withdrawn the offender the responsible declaration of initiation of tourist activity, so the property may not be marketed as tourist accommodation for a maximum period of three years. It also proposes a penalty of 100,000 euros to the administrator of the company as jointly and severally liable in the event that the marketing entity fails to respond.
The sanctioning resolution confirms that in the property was celebrated an illegal party open to the public and with an entrance fee, which violates the provisions of the Law 7/2013, of November 26, which regulates the installation, access and exercise of activities in the Balearic Islands.
The promoter company argued that the event was not to be considered an illegal party, but rather a private meeting with only 23 attendees, no beverage bar, no rented sound equipment and the restrooms out of order. He also claimed that the meeting was in preparation for a birthday party on June 30 and not a commercial event.
Police reports
The police report disproved these allegations, since it evidenced the presence of a beverage bar a keg of beer, numerous cans of soft drinks and food served on plates. He also noted the installation of seven portable toilets, active sound equipment and an empty area in front of the deejay table and pool, used as a dance floor.
Local Police officers confiscated tickets and tickets confirming the sale of access to the event with the following information a price of up to 80 euros per person with access to an open bar and barbecue. A minibus was also detected for the transportation of attendees and the presence of security personnel with headsets and portable transceivers to control access to the venue.
The report of the Technical Service of Activities of the Consell Insular de Formentera ratified all these activities and details with an extensive photographic report which highlighted the commercialization of the event and its development as an illegal party open to the public. What denied the sanctioned company’s version of the event.
In view of these facts, the final resolution concludes that the infringement is very serious and that the company’s collaboration has made it possible to reduce the fine to the established minimum. In addition, there will be no possibility of reclassifying it as minor.
The Consell explains that it “reaffirms its commitment to the fight against illegal parties” and warns that “will apply exemplary sanctions to protect the well-being of residents and visitors and the island’s sustainable tourism model.”
A history of sanctions
This measure affects the housing that hosted another illegal celebration on July 26, 2023this fact was confirmed by a joint inspection of the Technical Service of Activities of the Consell de Formentera and the Local Police.
As a result, the municipal agents drew up a report that resulted in the opening of the sanctioning file against the company responsible for the commercialization of the housing for the commission of a very serious infraction in terms of activities. Given the illegal nature of the event and its impact on the environment, during the inspection the urgent measure of sealing the sound equipment and order the eviction of the dwelling in application of article 112 of Law 7/2013 of the Balearic Islands.
On August 4, 2023, a new inspection by the Consell confirmed that normality had been restored and the elements used for the illegal activity had been completely removed. As part of the sanctioning procedure, the following was included a sonometry report performed by a certified technical company, which confirmed non-compliance with noise and noise pollution regulations.
After the opening of the sanctioning file, the company submitted allegations which were rejected. Thus, it requested that the case be closed due to the statute of limitations and, if not, that the infringement be reclassified as minor.
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