The legal services of the Yaiza Town Council will study, starting next week, what will happen with the Stratvs winery after the order of the Provincial Court that lifts the precautionary measure by which the facilities were closed. The complex, owned by businessman Juan Francisco Rosa, is located in the protected area of La Geria. The mayoress of Yaiza, Gladys Acuña, has acknowledged that this is "a complex legal situation".
"Right now the property has a judicial order that says it can reopen the winery because the reason it closed, in the opinion of the Court, no longer exists. However, the administrative route is reopened and the City Council has to act accordingly and the managing body, the Cabildo, too," Acuña has qualified.
At the time the closure was ordered, agreed by the Court of Instruction number 5 of Arrecife on December 20, 2013, the Special Plan of La Geria was in force. Protection plan that is no longer in force at this time, so "the scenario has changed significantly", as indicated on Radio Lanzarote-Onda Cero, Acuña. The legal services will have to analyze in the first place "if the criminal prejudice operates, since in that case the one who steers this matter is the court". That is, if there is criminal prejudice, the procedure is suspended until the criminal body in question resolves it.
Procedures
If it is determined that it does not exist, then the situation would change significantly. In that case, as the municipal manager herself has detailed, the City Council would have "to process" and study the "responsible declaration" that the company presented in its day to request the granting of the activity license. "Here urban compatibility plays a fundamental role," added the highest local authority.
The body in charge of determining whether the winery is compatible or not is "the managing body, the Cabildo". In this sense, Acuña has pointed out that when the Cabildo pronounces "the City Council would automatically rule in favor or against".
The closure of the restaurant, confirmed
Regarding the possibility of the Stratvs complex restaurant reopening, Acuña has denied this extreme. In this sense, she has recalled that the City Council's resolution, by which the restaurant was closed, was confirmed in contentious-administrative proceedings. "The contentious issue did not speak of prejudice in that case. That was resolved," the mayoress has determined.
