Banus bar owners may face prison

The Public Prosecutor in Malaga is asking for sentences of three years each for the two owners of a Puerto Banus nightclub for excessive noise.

There have been multiple complaints made since 1999 when the nightclub opened. The complaints are mainly at weekends and holiday periods when residents living in apartments above the nightclub found it impossible to sleep and as a result have often suffered with health problems.

One complainant, who lives above the nightclub, measured noise levels in his apartment at 38.4 decibels, at 3.22am – the legal limit for noise is 30 decibels in Andalucia. Just under a month later an expert from the town hall also tested the noise levels recording 41 decibels at 2.25am.

According to the prosecution, the bar owners frequently turned off noise inhibitors in the early hours but continued to play loud music.

In addition to the prison terms the prosecutor is asking for €68,000 compensation to be awarded to the two residents most affected by the noise, and fines of €12,000 each for the two accused. The prosecutor also wants to ban the accused from working in similar businesses for three years.