License Changes - How to Keep Nightlife Alive

LICENCES

May 3

Written By Francisco Javier Muñoz Fuentes

The current coronavirus crisis that we are experiencing is hitting the nightlife sector especially hard. And it is that since last year the closure of pubs, cocktail bars and discos has been decreed. A closing that, so far, has no deadline. According to the provisions of the closing decree, "establishments exclusively dedicated to the consumption of beverages" in Andalusia are prohibited from opening both day and night.

This measure affects two types of premises that cannot open: nightclubs (also called entertainment establishments) and pubs with a license for special hospitality establishments with music (which cannot open if they only offer drinks).

WHAT TO DO ABOUT THIS SITUATION?

If you are being affected by the situation that we have just described, you should know that there is a temporary solution to this problem: it is possible to obtain authorization to modify the activity (for premises that already have an opening license, and where there is no have subsequently carried out any type of works not in accordance with the provisions of said license) for cases of reform, expansion or reduction of surfaces, distribution of spaces, modification of the activity, machinery or facilities, etc.

WHAT DOES THIS MEAN?

It means that, if you modify the activity, so that your place is not dedicated "exclusively to the consumption of beverages" you will be able to reopen it complying with the schedules and measures established for conventional hospitality establishments.

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WHAT ARE THE REQUIREMENTS AND PROCEDURE?

Of course, if your premises do not have a kitchen with the minimum dimensions and requirements in terms of smoke extraction, machinery, fire protection installations ... you will have to limit the activity of your premises to previously prepared food service that does not require cooked.

The procedure will be carried out through the responsible declaration process. A responsible declaration is a document signed by the applicant (accompanied by as many documents as requested) in which it is declared, under the responsibility of the signer, that all the requirements for (in this case) the modification of an activity are met.

As for the documentation to present, this will depend on the municipality in which the premises are located, although in a generic way, it will not be very different from the following list:

Standard responsible declaration model.
Photocopy of the CIF or DNI depending on who the owner is.
Copy of the articles of incorporation in the event that it is a legal entity.
Location map of the property that is the object of the request.
Photocopy of the Tax on Economic Activities or high census, as appropriate.
Document that proves the cadastral reference of the premises or establishment.
Rest of the documentation required for the opening according to the activity that is modified and proof of having paid the corresponding fees (if applicable).

After the change, the establishment will keep the disco license (or any other license as it may have) but it may open as a cafeteria, provided that some specific rules for this use are met, such as noise pollution and health requirements. We recommend that, if you have any questions about what these rules are, read our post on Opening licenses - Restaurant

In any case, remember that you can contact us without obligation if you want to explain your specific case, we will be happy to assist you!

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