ROME – The Council of State has rejected the appeal of the manager of a gaming and betting hall, confirming the closure for seven days for reasons of public safety, as requested by the Naples Police Headquarters.
Specifically, Agipronews reports, the appellant had expressed himself against the decree of the Naples Police Commissioner of 5 November 2019 which ordered the temporary closure of the business located in the Municipality of arcade.
In fact, following repeated checks, criminals were found inside the premises, considered to be regular visitors "so much so that the premises became a regular meeting place with repercussions for public order and safety".
As stated in the ruling of the Council of State, the suspension measure was therefore adopted in order to "remove the situations assessed as a possible source of danger".
The appellant, with the first-instance appeal, had clarified that the gaming and betting hall was equipped with a video surveillance service essential to prevent any situations harmful to public safety. Also specifying that the measure adopted by the Police Headquarters could be harmful to the commercial establishment.
However, the Campania Regional Administrative Court had already rejected the first appeal, clarifying the preventive nature of the measure. The appellant therefore reiterated the “defect of lack of investigation”, arguing that some facts cited as proof of the dangerousness of the subjects dated back to a period prior to the Police checks.
Having said this, the Council of State has specified in the ruling that the Police Chief is given "the power to suspend the license of a business in which riots or serious disorders have occurred or which is the habitual meeting place of criminals or dangerous persons or which, in any case, constitutes a danger to public order, public morality and decency or to the safety of citizens".
Furthermore, Agipronews continues, it is clarified that the measure does not have the aim of sanctioning the manager but "rather that of preventing, through the temporary closure of the premises, the continuation of a situation of social danger, reason for which consideration is given exclusively to the objective need to protect the order and safety of citizens, even regardless of any personal responsibility of the manager".
In ruling in favor of the measure, the Council therefore requests that in order to protect the rights or dignity of the trader – who is not held responsible for the facts – the “hiding of personal details and any other data capable of identifying the appellant” be carried out.
Article published on March 10, 2025 - 15pm
