The Government of the Balearic Islands, the Consell Insular de Eivissa and all the island’s town councils have reached an agreement to step up the fight against illegal parties, through a modification of Law 7/2013, of 30 November, on the legal regime governing the installation, access and exercise of activities in the Balearic Islands.
The aim is to tackle the proliferation of illegal parties, especially those held in dwellings and in certain areas of rural land. These types of events, apart from the unfair competition they represent for legally established entertainment and leisure activities, not only imply a significant risk for the people taking part, as the places where they are held do not have the required safety and protection elements but also have a significant impact on public order and citizen coexistence, generating nuisance and noise, problems of mobility and access to essential services, as well as being a potential focus for other illegal activities.
With this amendment to the Law, a careful definition is made of these festivals, differentiating them from those of a family or private nature and from other non-permanent activities which, although they may have similarities with these festivals, do not have this character of events organised as a parallel offer to the legal offer of leisure and entertainment.
Thus, gatherings or large-scale leisure and entertainment events held for profit in venues that are not considered to be public establishments and which are marketed outside conventional channels are considered to be illegal festivals. These celebrations are therefore prohibited for all types of buildings, spaces and land, irrespective of their urban classification.
In addition, a sanctioning regime will be established that covers the organisers and people who profit from these activities; participants who, with their uncivic attitude, put people’s health or the environment at risk; professionals and companies that collaborate in the organisation and holding of these events, and the owners of the premises where the illegal party is held. The inclusion of owners and professionals and organising companies as responsible parties is another of the novelties included in this amendment.
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The fines will be:
- Minor offence for participating in these parties. From 300 to 3,000 euros.
- Serious offence for organising, marketing or advertising these fiestas and also for taking part if they are held in protected natural areas or dwellings. A fine of 3,000 to 30,000 euros.
- Very serious offence for organising, marketing or advertising illegal parties in protected natural areas or dwellings, with fines ranging from 30,000 to 300,000 euros.
It is included as an aggravating factor whether or not there is a nuisance to neighbours, which could make the amount of the fine go more towards the maximum than the minimum.
As a final novelty, it is proposed that it will not be necessary to wait for a sanctioning procedure to be initiated before the competent bodies can apply precautionary measures.
The meeting that agreed on these measures was attended by the Councillor of the Presidency, Public Function and Equality, Mercedes Garrido; the Councillor of Mobility and Housing, Josep Marí; the Director-General of Emergencies and the Interior, Jaume Barceló; the President of the Consell Insular de Eivissa, Vicente Marí; the Vice President of the Consell, Mariano Juan, and the island’s mayors and mayoress.
Garrido stressed that this agreement “represents a turning point in the fight against illegal fiestas, and we hope that it will have a dissuasive effect, so that from now on anyone who wants to organise an illegal fiesta will think twice”. Finally, the councillor thanked all the institutions involved for their work, with which “we demonstrate that institutional collaboration, unity and dialogue bear fruit and allow us to act in order to have a positive season, with a high level of quality occupation, safe and in which visitors and residents can enjoy the summer months”.