According to a report by the Court of Auditors, 50% of shops that place tables and chairs in public spaces do not have a permit from the municipalities, and 27% of shops that have obtained a permit violate it by occupying more space than is specified in the permit.
Specifically, the Court of Auditors published an audit report on 14 municipalities regarding the occupation of public spaces by health-related shops for the placement of tables and chairs.
The audit was carried out in 14 municipalities and on-site inspections were carried out in 476 shops. The inspections revealed that 237 shops (50%) were occupying public space without a permit and 129 shops (27%) were occupying public space in excess of the relevant permit, with the total rate of non-compliance amounting to 77%.
According to the Court of Auditors, the control mechanisms implemented by municipalities do not contribute effectively to the protection of public spaces for the following reasons:
1. There is no uniform and coherent regulatory framework at local level: Regulatory decisions of municipalities in the region, which determine the public spaces that can be granted to private individuals and the terms of the concession, are outdated, incomplete, and fragmented.
2. There is no single, fully updated electronic file or interoperability with the other departments involved in the control process (revenue and municipal police).
3. At the stage of issuing permits, it does not appear that the legal procedure is being followed and that effective checks are being carried out to prevent the arbitrary occupation of public space.
4. The audit mechanism is not functioning effectively. There is no rational planning of inspections based on an assessment of the risk of arbitrary occupation of public space according to the area, the time of year, and the business. Few or no inspections are carried out in municipalities in the region.
5. There is no user-friendly system for informing citizens about the terms of concession to ensure their active participation in the protection of public spaces. The development of the “mystreet” application is crucial.
6. For violations that are identified, recommendations are made or financial penalties are imposed, but there is no follow-up to ensure that the public space is restored. The removal of permanent structures proves particularly difficult due to the involvement of multiple agencies. There is a large discrepancy between the amount of fines imposed and the amount actually collected.
Recommendations of the Court of Auditors
The Court of Auditors makes the following recommendations to the audited bodies:
“1. Update and codify the regulatory decisions defining the public spaces within their territorial jurisdiction that may be granted to private individuals, as well as the conditions for their use.
2. To draw up and keep up to date a register of concessions that provides immediate and reliable information on permits, the terms and conditions of concessions, and a history of inspections and infringements.
3. During the licensing stage, on-site inspections shall be carried out, the legal deadlines for the renewal of licenses shall be observed, and the supporting documents shall be subject to effective checks.
4. Regular inspections should be planned and carried out each year based on risk criteria depending on the area, time period, and business. Cross-check businesses operating against the updated register. Re-inspect businesses that have demonstrated non-compliant behavior.
5. Until the “mystreet” application is operational, take all appropriate measures to inform citizens about the conditions of the licenses of establishments that set up tables and chairs in public spaces.
6. To facilitate the work of inspectors, concise inspection manuals should be drawn up setting out the basic inspection methodology. Ways should be explored to give inspectors direct access to concession data during inspections.
7. When violations are found, the fines and administrative measures provided for by law should be imposed to restore the public space. The implementation of the measures should be monitored. Fines should be imposed as soon as possible after the infringement is detected. The procedures for removing unauthorized permanent structures should be expedited.
