Emilia Romagna: the game on the game continues to make victims

A few days ago, in another article, it was underlined how much some regions are really putting into practice to try to "help" the commercial life of the game activities and the Best Casino, having noticed that the impositions of the "capestro" rules contained in some laws on the game decidedly opposed the same public game and limited its carrying out the related activities. Not all territorial realities think in the same way, as is perhaps obvious that they are, but act based on their local and administrative experiences: certainly, Emilia Romagna is the region among the most fierce towards the phenomenon of the game of Azzardo and continues to apply his law on the game that is also supported by the opinion of some TARs who consider the application of the distancies, times and sensitive places indicated in the same law on the game of Emilia Romagna existing today and that "not" He took a step back ”in favor of playful activities!

This explains why in these lines we want to report a pronunciation of the Tar of Parma and the application of the legislation on legal gambling by the judges of that regional administrative court and this is the "history". The place where the dispute takes place is Parma where there is the introduction of the so -called distanziometer for game activities and where a company of a data transmission center appealed to the Tar of that city for the cancellation of the ordinance of the Municipality that imposed the cessation of the activity of the games room/betting room because it is located near a school of equal kindergarten and, therefore, limited its business law. The applicant company contested the Municipality of having put in place the expulsive effect of the game activities through an excessively widespread list of sensitive places, thus actually preventing the companies concerned from proceeding with the relocation of the exercises the other place placed at a distance exceeding 500 meters.

Precisely in particular for this, the judges of the Tar seized believed the appeal for the violation of business law: and this because the actual "reasonableness of the mapping arranged by the Municipality" had to be verified and it would have been necessary to ascertain in concrete terms if The adopted measure would actually cause the impossibility to dispose of the activity in another place to respect the minimum distances from the sensitive places identified by the Municipality of Parma. However, from the same report presented by the applicant company it emerges that there are actually other places in the municipal area where it is possible to move, always respecting the criterion of the distanziometer: in addition, the expenses that should be disbursed for a possible movement of the 'Garding room/hall activities Betting In support of the complaint that, according to the judges of the TAR, there is no topic that also applies to the betting corners placed in the CTD "Sanati".

The reference made by the applicant to the agreement, regions and local authorities of 7 September 2017 would also be found, it would not be founded, first of all since it is not a law because it is not followed by the relative implementation decree, but also because the same understanding includes among the Sensitive places all "schools of all levels", regardless of whether they are compulsory schools or not, being a decidedly irrelevant profile for the purpose of the principle of the rule in question. At least, this is the opinion of the judges of the Tar of Parma. While now you want to switch to Piacenza, a city on the border with Lombardy, extremely industrious and also with many appearances of game activities and Slot machine: one of these, a games room, has been delivered to a closing measure by the Municipality as the activity is too close to a church, a sensitive place: but the Tar Emilia Romagna declaring itself in favor of sensitive places cannot admit their indiscriminate expansion.

This story, perhaps, is more complicated "legally" than that of Parma: in fact, the Piacenza games room had challenged the provision of that municipality with which in 2018 it had been communicated that the game point and poker It was located at a distance of less than 500 meters from one of the sensitive places identified by the Municipality and should have been moved to another place, or closed within six months after the identification of further sensitive places by the Municipality. But "additional" sensitive places never communicated to the applicant company. This led the judges of the TAR to declare a deficiency of preliminary investigation because from the documents it was not possible to know "what are the sensitive places in effect to which the game point in question would be at a distance of less than 500 meters" and did not even come Indicated the criterion and the method used for the calculation of the "distances": not allowing the applicant company to take note of it, let alone evaluate its extremes: and not only.

In fact, from an expert report presented by the games room, it emerged that the room was not in defect in relation to any of the sensitive places mapped with resolution of 2017, but only with the Christian Evangelist Church included in the indicated list of sensitive places with one Integration of 2018. According to the judges, the posthumous insertion of this church among the sensitive places cannot be considered "impediment" to the continuation of the playroom activity: in addition to the whole municipality of Piacenza, questioned to provide further clarifications for the point of integration Sensitive places did not replicate anything about this specific request. Attitude also underlined by the applicant in one's own memory presented to replicate to the requests of the Municipality: the conclusion, therefore, of the judges is the suspension of the closure of the game room and is without a shadow of a doubt another "little victory" of a games room, therefore not of Mobile games sites via app, towards the "power" of a municipality that tries to further broaden its powers. And there are already many who descend from the regional law on the game of Emilia Romagna so you should not "climb the mirrors" by lengthening the list of sensitive places to further oppose a game activity.

Publication date: February 28, 2024 at 18:00

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