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AN INSPECTOR CALLS

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Mark Nolan / 2012-01-25 15:59:09

In a press conference in the Orihuela Costa town hall this week, the councillor for Urbanismo for the municipality, Antonio Zapata, himself a high ranking and elected official from the PSOE party, introduced the two principal inspectors who will be responsible for collating and enforcing business licences in the area.

Although the inspectors declined a photo opportunity, they will carry official identification, which will display the Ayuntamiento crest, official stamp, their photograph and their identity details. It was also stressed that the inspectors will not take any money from anybody during their rounds, so as to eliminate and threat or accusation of corruption.

The initial inspections would focus on the Orihuela Costa and in particular those places which have had “issues” in the last summer season. It is hoped that the status of these premises, which could affect up to 800 businesses, will be stabilized before the next holiday time of Easter. The collation of this census will also affect shops, supermarkets, bars, restaurants, discos and all other business premises.

Zapata then went on to explain that the offices will be responsible for ensuring that all businesses in Orihuela have the appropriate licenses for the tasks they wish to perform, and that there will likely be three possible outcomes to the findings of their initial inspections.
In the first option, the inspectors may find that a business has the appropriate licenses to trade under the model in which they choose to operate. For example, a business which is licensed as a bakery does indeed operate as a bakery, rather than a coffee shop or supermarket. If these licenses and the business owner details are correct, and all taxes are paid and up to date, the he license to trade will be authorised without disruption and the business will be able to continue unhindered.

In the second scenario, it may be that there is a license discrepancy, such as the wrong name being displayed or the practices which are licensed on the premises differ from those which actually take place, such as a premises which is licensed as a flower shop actually having been converted and trading as a restaurant, in which case the license owners will be invited to Orihuela to submit the correct applications they may need. This situation would also apply if taxes are not up to date. Unfortunately, this situation may also incur a fine or owners forced to close their doors until the appropriate licences are in place, a process that may well take around 2 months to complete.

The third situation discussed would revolve around new businesses wanting to open and trade. In this situation, the doors would have to stay closed until the permanent license to trade, as per the activities of the premises, were issued. Again, this process could take around 2 months to complete.

Zapata then explained that there is no leniency in this ruling as it is law as agreed by the Valencia government. He also explained that every town hall has a legal obligation to enforce it, so there should be no escaping if you choose to relocate your business to another municipality.

The factors regarding this presentation also evaded the matter of music and entertainment, an announcement which would follow in the fullness of time, but it was stressed that any business is only permitted to trade as per the terms of the license that they have been granted.

A third factor which did not enter into the field in this meeting was that of ensuring compliance with access and egress as per the rights of less able members of society. Although these inspectors may well notice infractions, the enforcement of rectification falls within another department of the town hall, as does the matter of compliance with the law on soundproofing for venues which are granted licences for music, entertainment or other noise that may disturb the fundamental right to peace of the neighbourhood.

Councillor for the coast, Bob Houliston, sees the move as positive, as once the initial hurdles of compliance are dealt with, it will provide a level playing field for all businesses to operate, both within the constraints of the law and the issues of competition.

The licensing matters appertaining to business operations fall firmly on the doorstep of the Orihuela town hall, where these inspectors, and many others, practice under the councillor for Urbanismo. As such, all dealings and enquiries will largely have to go through the city based town hall, rather than the Orihuela Costa office. This may well bring language issues, but the inspectors and the councillors all feel that it is the least that the town hall inspectors can expect for business owners to communicate with them in the language of the country we are in.

It was also reaffirmed that this plan is for the stabilisation and monitoring of licenses for businesses to continue to trade. These inspectors will not be checking on employment records, personal tax and social security payments, nor will they have any interest in the individual status of any workers.

It is a bold move to enforce a “zero tolerance” attitude, which many will applaud and most would agree needs some resolution. But, as to whether neighbouring town halls will be as forceful in ensuring legal compliance, we shall have to wait and see. Equally so, the inspectors may well find that the real world differs considerably from the rose painted view they have been given.

However, if you are confident that you comply with the rules of engagement, then your business will no doubt continue and you can be sound in the knowledge that your activities have helped to raise awareness of a positive view of the municipality. On the other hand, it might be worth spending a little time checking your legal paperwork so that you are prepared when "an inspector calls".