The High Court of Justice of the Canary Islands (TSJC) has issued a ruling that modifies, but does not eliminate, the music barrier imposed on the Barceló Margaritas Hotel in Playa del Inglés. The court ruling, issued this summer by the Administrative Litigation Division, seeks to balance residents' right to rest with the establishment's tourism activity.
The ruling, which partially upholds an appeal filed by Barceló Explotaciones Hoteleras Canarias SL, maintains the sealing of musical equipment and installations and the suspension of outdoor music, in addition to police surveillance. However, it partially overturns the initial ruling by Administrative Litigation Court No. 5 of Las Palmas de Gran Canaria, which had "very generally and comprehensively" banned all musical activities and artistic events.
The presiding judge, Antonio Doreste, specified that the hotel may hold "live or recorded musical performances" exclusively in the evening, from 19:00 p.m. to 22:00 p.m., as long as they remain "within the regulated thresholds." It is also permitted to hold "non-musical artistic events."
Doreste argues that the initial ban was excessive, to the point of prohibiting a painting exhibition or string music from being played inside the establishment to entertain a dinner. The court emphasizes that the main cause of noise disturbance comes from "electronic amplifying devices."
The ruling also emphasizes the predominantly tourist nature of Playa del Inglés, an area known for its concentration of vacation activity in the archipelago. However, it recognizes its "secondary residential use," underscoring the need to protect the right to rest of the resident families who initiated the legal process. This ruling by the TSJC sets a precedent for noise management in mixed tourist areas, seeking a balance between hotel operations and the quality of life of residents, a common challenge in high-density tourist destinations.
