A verdict dated October 3 from the criminal court number 1 of Santa Cruz de Tenerife, which this newspaper has accessed, sentences the proprietor of the Bollullo Beach restaurant to a term of one year and six months in prison for certain works undertaken at their establishment within the protected area of El Rincón, in La Orotava. This action has been deemed illegal by the court, aligning with the Prosecutor’s Office’s request for two years imprisonment, and the El Rincón Ecologist Coordinator, who sought four years, as they believed that irregular work was also conducted at the El Bollullo beach bar, in a parking area, and other interventions. However, the judgement focuses only on the larger establishment and does not mention these additional works.
These activities at the restaurant situated at the terminus of the road leading to El Bollullo and the installation on the beach were reported by the El Rincón Environmental Coordinator and were executed between January 2018 and March 17, 2021, by Mercafuvre SLU.
The verdict, which the proprietor intends to contest in court, additionally stipulates a “special disqualification” preventing the owner from exercising the right to passive suffrage during the sentence, a fine of 12 months at a rate of 20 euros, with a subsidiary personal liability in the event of non-payment, whereby each day of non-payment would equate to one day of imprisonment for every two infractions, as well as a special disqualification from any profession or trade related to the construction and operation of hospitality establishments for a period of one year.
In comments to DIARIO DE AVISOS, the owner emphasised yesterday that while they will certainly comply with the judge’s ruling, they intend to file an appeal, disagreeing with the conclusions and the imposed sentence. They believe that the “presentation of projects and requests for licences” submitted to the Orotava City Council have not been duly considered and that the true circumstances of their business are not adequately represented. It is important to note that should they be firmly convicted, they would not serve prison time due to having no previous criminal record, as per Spanish law for sentences under two years.
It is noteworthy that operations continue in the restaurants while awaiting a final ruling.
