New fine for major cinema chain for outside food and drink ban at movie theatre in south of Spain
A city council's consumer affair department has dismissed an appeal lodged by the company and upheld the fine imposed in March this year following a complaint by consumer rights group Facua Andalucía
After the 25,000 euro fine recently imposed on Yelmo Cines by the Junta de Andalucía's regional ministry of consumer affairs for preventing entry with food and drink purchased outside into its cinemas in the town of Roquetas de Mar and the Torrecárdenas district of Almeria, Seville city council has confirmed another fine against the same movie theatre chain. This time, it amounts to 12,000 euros for denying entry with food and drink into its cinemas at the Lagoh shopping centre, located in the Andalusian capital.
Seville city council announced the measure in March this year, following a complaint by consumer rights group Facua Andalucía. Yelmo appealed the fine, arguing that it had applied to the council for authorisation to carry out the right of admission and considered that it had been approved by positive silence when it did not receive a reply.
However, this appeal was rejected in June by the consumer affairs department of Seville city hall in a resolution in which it specified that positive silence cannot cover "conditions expressly prohibited or not contemplated in any of the cases provided for in article 7 of the RGAA (general regulations for the admission of persons in public entertainment and recreational activities establishments of Andalucía), cases in which, therefore, there is no room for presumptive approval".
Seville council said that the activity carried out by Yelmo is that of a "cinematic performance" and its premises are defined as a "cinema": therefore it considers that prohibiting the consumption food and drink purchased outside the cinema “cannot be imposed as a condition of entry, since it is not a hospitality venue or a leisure and entertainment establishment”.
In addition to the Yelmo Cinemas in Almeria and Seville, Facua denounced others in Algeciras and Jerez de la Frontera in 2023 for failing to comply with Andalusian regulations on the right of admission.
