Hotels can only stage concerts for guests and the public are not allowed to enter, according to a new ruling by the TSJB's Litigation Chamber which has endorsed the closure of the Blue Jazz Club on the top floor of the Saratoga Hotel in Palma.
The 7th floor terrace was used often for concerts but was ordered to close because of complaints about noise levels and licence issues.
The company that operates the hotel challenged the closure in court arguing that the Tourism Legislation allows for complementary activities, including concerts and other musical events.
The Litigation Chamber admits that a hotel establishment "does not need a specific activity licence for compatible secondary use, such as a bar or cafeteria,” but pointed out that that the legislation refers to the "services provided to users of the accommodation provided by the establishment" in other words, the music is only for hotel guests and not for the general public.
Palma City Council acknowledged that concerts at the Blue Jazz Club were open to the general public and not limited to hotel guests, therefore it does not qualify for the activity that was the object of the closure decree.
The owner also argued that he’d obtained a licence for a "dance floor bar" in 1965, which was granted by the Tourist Administration, but did not provide any documents to support that claim.
The court ruled that if the Hotel Saratoga had that licence, it was issued as a complement to the tourist accommodation licence which again means the public cannot enter.
The owner of the Saratoga Hotel will have to apply for a new licence to stage concerts but may well decide to take the case to the Supreme Court.