Barcelona suspends gambling establishment licenses while it reconsiders regulations

BarcelonaIn 2021, the Barcelona City Council, then led by Ada Colau, put forward a new Special Urban Plan for Drastically limit gambling establishments in the Catalan capital. It was established that these types of venues could not be installed within 800 meters of school boundaries or 450 meters of other facilities such as healthcare centers and libraries. In practice, this made it impossible to find a location where they could be installed. Now the Supreme Court has overturned part of this regulation, and Jaume Collboni's City Council has opted to suspend the approval of licenses while new regulations are drafted.

The suspension will be in effect for one year, extendable for another year, the council explained in a statement. Specifically, the Supreme Court has annulled the articles that defined the distances in meters between gambling venues and schools or facilities intended for young people. However, the municipal government assures that it agrees with the objectives of the restrictions of the Special Plan—which has been overturned—and has explained that it will introduce the necessary amendments so that it can be deployed "with all legal guarantees."

From the TS ruling, the council interprets that it has the legitimacy to regulate the urban planning conditions under which these types of premises are installed, but that the limitations must be well justified, proportionate, and respectful of the principles of free market and freedom of establishment, as indicated by current regulations.

New wording

Thus, the council now intends to draft a new urban planning plan that maintains "the fight against gambling addiction," with special attention to children and vulnerable groups. While the Special Plan is being revised, the suspension of licenses will remain in effect for gambling establishments, gaming halls, bingo halls, and casinos. This suspension was published this Friday morning in Official Gazette of the Province of Barcelona (BOPB) and is effective immediately.

The first deputy mayor and head of urban planning, Laia Bonet, explained that the ruling is final and that is why the City Council has opted to suspend licenses and avoid a legal "loophole" that would open the door to the opening of new establishments. Speaking to the media, she indicated that they are taking the ruling into account the need to reformulate the plan "with the same objective" of protecting health. "Barcelona is a leader in health protection, and protecting young people, children, and vulnerable people from gambling addiction is protecting health," she stated.

From Junts por Barcelona, ​​​​its leader on the council, Jordi Martí, considered this court ruling to be a "new squeeze" to the "improvised and ideologized" model of government that, he says, has characterized the political action of the Comuns and Socialists. "Once again, the incumbent and political apriorism have been prioritized over the legal rigor that should guide any municipal regulation." In this regard, he added that the executive branch must leave this modus operandi behind and work on new, "effective, consensual, and legally sound" regulations that truly protect vulnerable groups.