The The municipality of Chiavari has appealed to the Council of State to request the reform of the judgment of the Regional Administrative Court of Liguria, which had found that the distinction made in the Regional Law 2012/17 did not allow the administration Distance restrictions also apply to betting shops which had to be watched from the arcades instead.
In the grounds of appeal, the municipality assumes that the regional legislation does not only apply to this Entertainment activities and entertainment practiced through the use of devices suitable for legal gaming in the spirit of art. 100, paragraph 6, the TULPS, but also ai Betting points, as the aim of the legislation is to limit the social consequences that such leisure activities can cause and betting shops would in any case fall within the definition of a “public arcade”. According to the complainant, the regional law must be interpreted as including the prohibition under Article 2, paragraph 2, including the confiscation of bets that leads to it Applicability of the regulation of minimum distances from sensitive places also to this last activity.
“The assumption – said the State Council – is valid dividedin the light of the recent address of this Council of State, which states: “ With regard to the equating of bet-taking activities with those of gaming halls for the purposes relevant here, the Section found, with arguments from which the Chamber sees no reason to deviate, that this State Council with sentence no. 5327 of December 16, 2016 reiterated that at national level and in particular for the purpose of health protection (Article 32 of the Constitution) thelawful betting management activities in accordance with Article 88 of RD No. 773 of 1931 corresponds to gambling halls Rather, the previous technology applies. 86. The implementing provisions of the individual state laws must therefore be interpreted according to a logical and systematic interpretation and, despite the literal expressions used, can only refer to “both activities, both sources of danger of the spread of gambling addiction”.
“According to this interpretation, measures to prevent and combat forms of gambling addiction, such as:Specification of a minimum distance from gaming and betting rooms to so-called sensitive locationsor those places where the presence of persons of the most vulnerable categories is suspected, fall within the scope of health protection (Cons. State, No. 2592 of 2021; Cons. State No. 6714 of 2018; Cons. State, No. 5327 of 2016) and relate to both gambling activities.
For these reasons the The Council of State has decided to annul the decision of the TAR Liguria and accept the calling of the community of Chiavari. ac/AGIMEG
