Rome. Vella (Api): Pathological gambling alarm in via Tiburtina
Tar Lombardia. No time limits for slots
(Jamma) No time limits for a game room unless the Municipal Administration demonstrates the existence of "proven needs for the protection of public order and/or safety, as well as the right of third parties to respect public peace" . It is with this motivation that the judges of the Lombardy Regional Administrative Court accepted the request for precautionary suspension of the provision of the Municipality of Milan with which opening and closing times are set for a games room.
According to the Regional Administrative Court "the motivation set by the municipal administration as the basis of the contested ordinance ("compliance with legal provisions and amendments already adopted with previous special measures”) appears neither sufficient nor congruous to justify the ban on carrying out the activity during the night time, having to consider that:
a) art. 3 of Legislative Decree 138/2011, converted into law 148/2011, stated, on the subject of "repeal of the undue restrictions on the access and exercise of professions and economic activities”, the principle according to which “private initiative and economic activity are free and all that is not expressly prohibited by law is permitted”, which can be derogated only in the event of ascertained injury to strictly identified public interests (security, freedom, human dignity, social utility, health), which in the present case cannot be considered a priori or presumptively affected;
b) the liberalization of opening hours does not preclude the municipal administration from exercising its power to inhibit the activities of public establishments for proven needs to protect public order and/or safety, as well as the right of third parties to respect public peace ( see, in this regard, Lombardy Regional Administrative Court - Milan, section I, 12 July 2012, no. 1985)" . The sentence also states that “it seems doubtful that the exercise of the power of ordinance pursuant to art. 50, paragraph 7 of Legislative Decree 267/2000, intended to harmonize "the performance of the services with the overall and general needs of the users”, can constitute a secure regulatory basis for the pursuit of the purpose indicated by the defense of the Administration”. According to the judges "there is serious and irreparable damage supplemented by the possible dismissal of employees specifically hired to guarantee the performance of the service during the scheduled opening hours".
The discussion on the merits of the appeal was set for December 4, 2013.
