The Council of State accepted the appeal of a gaming operator who was denied the issuance of authorization to open a betting shop in consideration of the presence of an average studio at a shorter distance than that required for sensitive places.
For the appellant, medical practices would not fall within the classification of sensitive places, given that they are not accredited private practices "nor structures present in public lists accessible to the public, but places in which the doctor carries out medical activity individually and not in the form of an organized activity or in the form of a company or association, consisting of apartments or private premises of ordinary dimensions within which basic specialist assistance is provided".
According to the CDS, the medical practices for which authorization was denied would not fall within the definition of a healthcare facility provided for by regional law, as this expression must be attributed the meaning of a complex of elements, functionally organised, equipped with a particular physical space provided , articulate and significantly receptive.
Il the contested denial is illegitimate, as the Police Commissioner rejected the request with a deed that appears disproportionate with respect to the objectives that the law imposes on the proceeding Authority, according to the ratio overall of the entire national and regional regulatory system on the subject, with respect to which, despite the diversity of the contents of the legislative instruments gradually issued by the Regions, the common factor consists of the need to protect the most fragile categories of society.
In this framework of reference, the importance given to the difficulties complained of by him must be shared, despite generally falling within the tasks and burdens that weigh on him in the context of the business activity to be undertaken, to ascertain the presence in the municipal territory of health facilities such as those indicated by the Police Headquarters in the absence of a mapping of sensitive places.
