In Vendée, the court ruled legal the closure of this bar-brasserie-pub-rotisserie well known to students

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The Nantes administrative court dismissed a “bar-brasserie-pub-rotisserie” in La Roche-sur-Yon (Vendée) and its manager, who claimed €118,000 in compensation to the town hall after having undergone a ten-month administrative closure in September 2019 for fire safety issues.

Donegal, located on rue Boileau, inside the Pentagon, near the Catholic Institute of Higher Studies (Ices), requested in particular 30 000 € for “the impossibility of receiving government financial aid put in place during the health crisis” and 10 000 € for the “damage of damage to his reputation”.

“The municipality committed a fault such as to incur liability by taking the decision to immediately close the establishment,” declared its lawyer, Me Axelle Bourget.

However, the “bar-brasserie-pub-rotisserie” was subject to a damning visit from the municipal safety and accessibility commission on September 26, 2019. This was “unfavorable” to the continuation of its activity , as is.

The inspectors had noted “of many defects electrical”, an “absence ofmaintenance of facilities cooking”, a “risk of development due to coatings… easily combustible”, “very partially functional security lighting”, “impediment to the evacuation of the public” – the number of which was “higher than the gauge initially planned” – and a “low reactivity by lack of knowledge of what to do in the event of fire.

Four days later, on September 30, 2019, the mayor of La Roche-sur-Yon, Luc Bouard (Horizons), therefore pronounced the immediate closure of Donegalwhich was only able to reopen in July 2020, in the midst of the Covid-19 pandemic.

Multiple non-compliances

Hubert XXX, the manager of the establishment, took the matter to administrative justice, in particular to complain about the “lack of adversarial procedure” on the part of the mayor before this decision which caused him a certain “moral damage” in his personal capacity. .

“However, by concluding that the condition of the premises seriously compromises security and that the establishment presents a significant risk to the publicthe mayor of La Roche-sur-Yon intended to rely on the exemption provided for in the event of an emergency, allowing him to pronounce the closure without adversarial procedure”, estimates the administrative court of Nantes in a judgment dated November 7, 2024, recently made public.

“By producing two audit reports of the electrical and natural gas installations established almost a month and a half after the closure, the applicants do not seriously call into question the reality of the multiple non-compliances noted,” affirm the Nantes judges. “Given their nature and scale, they were very suitable for creating an immediate risk for the public. »

“Donegal presented fire risks, a fire could start from electrical installations and develop with easily combustible materials,” recalls the court. “The smoke andfire can spread quickly over a large part of the establishment. The public, more numerous than in theory, is likely to be informed late and will have to take a short but tortuous route. »

A prior declaration of work had also been submitted to the town hall in January 2020 to “bring the establishment into compliance” with regard to the anomalies noted: it could accommodate up to 223 people instead of the 181 planned.

GF (PressPepper)

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