by rotate » Thu Feb 02, 2006 1:23 am
Hi Kelvin,
I do not know the pub that you intend to buy but there are currently a couple of court cases going on regarding pubs/bars/clubs that affect neighbouring premises, noise late night activities etc that you should be aware of.
Plaintiffs (I'm one of them) are taking civil action against Bar/Pub owners, property site owners, Municipalities and Licensing authorities.
Problem mostly arises when the premises are housed in converted shops beneath apartment buildings but can also include neighbouring properties.
The case that I am involved in has already cost the bar owner over CYP10K in sound insulation installed at the insistance of the police, this has not curtailed the noise problem and he has since been fined some several hundred pounds in addition. The police now monitor the situation to the point that the bar gets very few customers and the bar owner is desperately trying to sell.
The relevant law is The Immoveable Property (Tenure, Registration and Valuation (Amendment) Law of 1993 "Part 11A Buildings Under Joint Ownership, is difficult to enforce unless enough people get together which in our case (and others) we did and have advised other groups as well. Five years ago the police were not interested but since the success of the Louzidou v Turkey case in the European Court of Human Rights the Cyprus government are keen to show that they have respect for human rights and the police are acting accordingly.
If the premises are housed in a jointly owned building you must insist on seeing the written permission of the Building Commitee to allow the business to operate, this is renewable annually. Any building extension sign advertisement or the playing of music also needs the commitee's annual permission. All of these permissions can be revoked at the insistance of one resident or property owner within the building! Like wise you must do the same with neighbouring properties as they also have the right of objection.
My personal claim through the courts is in excess of CYP100K + legal costs, my neighbours (11 households) claims are much the same and cover the cost of alternate housing, damages etc. The police and enviromental (noise) pollution expert witnesses have submitted supporting evidence.
I'm not trying to kill your dream/business but you should be aware that an increasing number of these cases are now being bought before the courts and a growing number of bar owners are trying to get out of the business.
It is over five years since my neighbours (mostly Cypriot) and I were forced from our homes by 'our' bar owner and his 'friends who used assault threat and sleep deprivation to get us out so I guess you can imagine I'm not exactly sympathetic to 'our' bar owners situation. 'Our' bar owner has or had 'influence' and 'friends' but his 'influence' along with his 'friends' departed once the lawyers got involved.
So get yourself over here quick and check with the neighbouring apartment block Management Commitee's and residents that there is no problem with them and the pub before you part with any cash. Being in a tourist area is not an excuse in a court of law even in Cyprus.
I have not meant to offend and I hope that I have not but its as well that you know what is going on here, especially if money is involved.