Real Benidorm Travel News

Benidorm Spain Bars For Sale With NO Licence

January 27th, 2010

Stricter enforcement of local Licensing regulations has come into place in Benidorm this year.  For many years unsuspecting buyers have been paying good money for bars for sale that do not have a licence to trade ( Licencia De Apertura ).  Often told by unscrupulous and unregulated agents that  “You do not need to bother with a Licence in Benidorm” and that ” it is not a problem”.  Well think again very carefully before parting with a deposit or signing a rental contract on the promise that your new bar in Benidorm does not require a Licence and that the town hall turn a blind eye to such matters.

Many years ago this was to some extent a reality, but today you will be closed down if you operate illegally in Spain.  It may not happen overnight but it will happen eventually.  Only this month the local Police have closed down several bars in the Levante area of Benidorm who were either trading without a licence and / or did not have planning permission for terraces.

The process for applying for the correct Licence is a simple process when done correctly.  However if you are closed down you will find that you need architects plans to confirm that the premises are as per the plans held by the town hall.  If not then you could be required to carry out costly work to bring the premises up to standard or to put the premises back to how they were before any un-approved alterations were made prior to being granted a new opening Licence.  Those bars operating with no licence who also have a closed in terrace are likely to have to demolish it, apply for planning, then rebuild at great expense if approved.  Of course you may not get a licence approved at all, unlikely, as most are approved provided you follow the legal requirements and planning regulations.  Many bars in Benidorm have been around a long time and in the days before the council were concerned about planning a high number of these were altered without any approval.  These are the locals that need careful checking today and this can only be done by properly qualified professionals who are independent of sellers, landlords and agents.

The good news is that are plenty of bars for sale in Benidorm that are all above board with the correct licences in place.   A simple change of name is all that is required together with any improvements that may need to be made, to comply with any new licensing regulations.  It is not as scary as you may think, but doing it right is the key to success and a stress free buying process.

The number one rule is to use a Lawyer (Abogado) together with a Gestoria, both of who must be independent of the seller and landlord.  You should also be aware that a Gestoria is not a lawyer, you need both.  Despite the fact that they are quite able to do all the paperwork and apply for Licences for you, they are not there to advice you legally but simply to do the paperwork on your behalf,  for which your signature makes you solely responsible in all official dealings.  There is no obligation to employ a lawyer, but it would be foolish to allow anyone other than a lawyer to complete contracts and licensing applications.  Lawyers have a duty to explain the pros and cons of what you are signing and work in favour of you the client.  Your lawyer is obliged to ensure that you fully understand the legal implications of any document you are signing.  A Gestoria is not obliged to do this other than to make you aware of what you are signing.

The best advice is to ask to see the Licencia de Apertura long before you make a firm offer on a bar for sale in Benidorm and if in doubt pop along to the Town Hall.  Go to the 4th floor where you will find the Licencing department and ask!  They are very helpful and most speak English making it even easier. It is public knowledge and they have to tell you if a business you are buying has a licence or not.  You may find that an application is pending in which case you need your Lawyer to check if this is likely to be approved.  If there is no record of any Licence or current application then the bar is trading illegally.

For an agent who works to a fare code of practice visit one of the following websites.  www.benidormtotalsales.com or www.spainbusinessguide.com where you will find free help and answers to any questions you may have concerning buying a bar for sale in Benidorm.  For legal assistance visit the British local law firm at  www.expresslegalcafe.com who are English legal advisers with associates who are Spanish Lawyers.  Never chance it to luck, do some homework and be informed before you commit and before you pay any deposit upfront on a bar for sale in Benidorm. About the Author

Entry Filed under: Benidorm News,Small Business