Declaration of reasons

The Law of the Policing of Shows, Public Establishments and Recreational Activities enables Town Halls to regulate on subjects included in their area of application, by developing complementary laws to those determined by the Government of Catalonia.
The development of dance activities and musical entertainment on terraces outside public establishments, mainly hotel establishments, has become a tradition that needs to be regulated in order to combine the right to leisure of the users of such activities with the avoidance of disturbance to others.
Regulation 239/99 of the Government of Catalonia, which approves the Catalogue of Shows and Recreational Activities, qualifies these kinds of activities as eventual, and allows them to be performed in enclosed, open air arenas or in space prepared for their performance, provided they meet the technical requisites establishing in the corresponding regulations.
The competence for authorising eventual activities lies with the Town Halls.

Disposition

Article 1. Object, definitions and scope of application

This ordinance is intended to regulate eventual dance and musical activities developed in the establishments of the municipality, on their terraces or in open air spaces.
For the effects of this Ordinance, an eventual activity will be all dance and musical activities that the establishment sporadically or discontinually developed, even though it might do it on a regular number of days, weeks or months throughout the year.
The area of application of this Ordinance excludes musical activities carried out in the street or in public spaces, which have their own specific regulation.
The intervention model established by this Ordinance is mainly intended to avoid disturbance to others and to restrict the negative repercussions of the activity on neighbouring properties, the street and the public spaces affected.
Concession of authorisation will not mean any recognition of the juridical legality of the main establishment depending on which it is granted. If the main establishment still does not have the requisite licences and authorisation for the dance and music activity, it will be granted, but conditioned to the provisional or definitive legalisation of the main activity.

Article 2. Authorisation of the eventual activity

Any company that intends to develop the activities regulated by this Ordinance will be obliged to apply to the Town Hall at least one month in advance, attaching the following documentation:
1. a report with the following minimum content:
a. the intended dance and musical activities
b. calendar
c. times
d. the acoustic contamination expected in the street and surrounding public areas and affecting the private properties of neighbours
e. measures to correct the environmental impact of the activity
2. copy of the licence and authorisations held by the main establishment
In the light of the application and documentation presented, the Town Hall will grant or refuse the licence depending on the admissible tolerance of the negative repercussions of the activities on the surroundings and the sufficiency and reliability of the corrective measures proposed.
The agreement to grant the licence may impose pertinent conditions to ensure that the activity will be developed under the most ideal conditions to achieve the purpose of the ordinance.
Any modification in the authorised activity will require the application for and obtention of new authorisation.

Article 3. Times

The eventual activities regulated by this ordinance may only be developed within the following times:
• Day: from 10 a.m. to 12 p.m. and from 5 p.m. to 7 p.m.
• Night: from 9 p.m. to 12 a.m.
They are prohibited outside these times.

Article 4. Limitations

Apart from the general prohibition on the activities outside the times allowed by the previous aside, the activities regulated by this ordinance will be subject to the following supplementary limitations:
1. The limits of the noise levels of the activity will be those established by Law 16/2002 of Protection against Acoustic Contamination and the legislation developing it.
2. All necessary and technically possible measures will be taken to confine the acoustic emissions of the activity to the area of the establishment where it is carried out.
3. The activity will be mainly addressed at the customers of the establishment. The activity may not be carried out when the main establishment is closed.
4. Music may not be emitted for advertising purposes.
5. The musical apparatuses used must be fitted with sound volume limiters that enable the authority responsible for applying the ordinance to set up surrounds.

Article 5. Suspension

Through its authorities, civil servants or agents, the Town Hall can prevent or, if they have started, suspend the eventual musical activities in any of the following cases:
1. Those developed at forbidden times
2. Those without the specific municipal authorisation
3. Those that infringe the limitations and conditions of this ordinance or the authorisation
4. Those that alter public order
In order to guarantee the effectiveness of the prohibitions and the suspension, the authorities, civil servants or municipal agents having given the order may confiscate the goods related to the prohibited or suspended activity for such time as might be necessary.
All prohibitions and suspension regulated hereby are not of sanctioning nature in any case. They are measures to restore the legality and avoid harm and disturbance to third parties.

Article 6. Offences and sanctions

The system of offences and sanctions will be that established by Chapter 12 of Law 10/1990 of 15th June, concerning the Policing of Shows and Public Establishments.

Final Provision

This ordinance, which will come into force on the day following its publication in the Official Gazette of the Province, has been published in Gazette number 197 dated 18th August 2006.