back to square one for the beach restaurant procedure

The deliberation in dispute added a fourth lot, creating a new concession on the Grande Plage for a “restaurant, licensed IV bar and dance hall”, as mayor François Richaud recalled on Thursday, considering the transfer of La Réserve, essentially known for its activity of dancing night bar. The ace. The prefect himself informed the municipality that if “the principle of installing a beach bar-type establishment, with a structure that can be dismantled and dismantled annually, is quite possible” at the location envisaged, “a restaurant, bar, dancing is not possible in this place”.

A disputed boundary

The City will therefore have to relaunch the tender procedure, for the time being for the three existing locations. Indeed, the additional location envisaged is not constructible in the current state of the local urban plan. Émergence elected opposition representative Éric Bouquet persists in requesting “the extension for an additional year” of the three other concessions granted, but which must imperatively be renewed by the summer of 2023, covered by the obligation to operate structures “dismountable and annually dismantled”.

The parapet does not constitute the limit of the high seas

However, Éric Bouquet maintains that it is still necessary “to determine whether these three establishments are indeed located in the public maritime domain”, to which the provision applies. Defends him on the contrary, “evidence in support”, including a judgment of the administrative court of Poitiers on June 6, 2019 on the PLU of the municipality, that “the parapet does not constitute the limit of the high seas, which is located in reality several tens of meters below”.

On hold and suspended

The case would be radically different if it were proven that the restaurateurs concerned, first by the deconstruction of their establishment, then by the obligation to set it up and dismantle it each year, were in reality on the communal public domain, on which does not impose this obligation.

The question appears “very secondary” in the eyes of the mayor, François Richaud, the latter assuring Thursday that, whatever the case, “the Departmental Directorate of Territories and the Sea has absolutely no intention of moving the limit between the maritime public domain and the municipal public domain”.

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