Petition to save Vall's kiosk.

[Nick]

I would hazard a guess that ownership of the hut and usage of the land are two separate things.

If Valls have to go they'll more than likely take the hut with them?

Perhaps a solution could be to move the hut opposite to where it is? Valls must have been expecting this to occur though seeing as they opened their shop only last year?

[purplemoya]

I've signed the petition to keep the ice cream stand, this place is part of the port's history, let's not let it be taken away from us!

Sign here if you feel the same way:

https://www.change.org/p/ajuntament-...s-us-necessita

[Teflon]

Whilst MdR is probably right in Law and that the selling of ice cream is not a 'service'. I first started using Gelats Valls 27 years ago often taking my children for a post meal treat in the evening. This both saved me money in not buying them an expensive desert and ensured they sat (mostly) well behaved through the main meal in expectation!!!

If it disappears to be replaced by yet another on PP's big chain outlets the choice is once again reduced and the difference that PP is over other resorts is diminished.

It will be sad If my children do not have the same joy in taking their children to delightful independent and idiosyncratic joys such as this

I have just voted and urged all my family and friends who so much enjoy the unspoilt nature of PP to do the same

[debz1]

Spot on Teflon

We did the same 'bribe' with our children exactly the same number of years ago and now our son and daughter are doing the same with our grandchildren

[Molt de Renou]

Originally Posted by Nick

I would hazard a guess that ownership of the hut and usage of the land are two separate things.

If Valls have to go they'll more than likely take the hut with them?

Perhaps a solution could be to move the hut opposite to where it is? Valls must have been expecting this to occur though seeing as they opened their shop only last year?

They weren´t expecting it to happen, they KNEW it would happen as they signed the lease 20 years ago, and due to the town halls generosity, were allowed to remain one more year. i.e. during 2015.

If not they wouldn´t have invested money in the new shop.

What many people don´t take into account, or possibly don´t understand, is that the real owners of the land they are sitting on belongs to the local government, through Costas ( coastal agency ) who have complete control over all land that is several meters distance from high tide limit and also, in certain circumstances, up to where the sea spray reaches.

Who ever it is ( town hall or costas ) can´t just prolong a lease because they have been there for a long time. What would people think, for instance, if one of the owners was a family member of the lord mayor and he agreed to it without going through the proper procedures ?.

All hell would break loose, and quite rightly so.

I am annoyed with myself for signing without finding out or enquiring about, the facts first, probably like most other people.

I´m sure none of them would like somebody parking a caravan on a plot of land that belonged to them, and, after signing a contract allowing them to stay for a while, refused to leave when their time was up.

Valls have had a good 50 years making money from passers by ( a service would be delievering the ice cream free of charge to peoples homes )and now they have to decide as to whether they can, or want to, pay for the privilege to stay for another 50 years.

Don´t lets forget that just across the road, the Puerto Pollensa´s concession finalises in 2018. They know it and as we speak are actively doing things to hopefully renew it for ONLY another 20 years, far worse terms that Valls was given or got.

Molt

PS I repeat I have NO relationship with the Boulevard group or anyone who works there. I am only stating the facts as far as I know them. Also, I had to google "troll" to find out it´s meaning. I will try harder.

[mike_dublin]

Masiva recogida de firmas a favor de Gelats Valls en el Port de Pollença » Part Forana » Noticias » Ultima Hora Mallorca

(Google Translate)

Massive collection of signatures for Gelats Valls in Port de Pollença

The City Council of Pollença has issued Monday a statement to explain the situation kiosk occupied by Gelats Valls , which operates since 1930, and located in the Paseo Anglada Camarasa Port de Pollença, following the campaign support and collection of signatures have already been collected more than 3,000, emerged these days to stay.
...

attached to the article is the document from the city council which dealt with the complaint from the Cafe 1919 and the licensing / tendering issue

[mike_dublin]

So, the council should have (in their view) a tendering process after their decision for the selling of the ice cream in the location of the hut (or elsewhere to free up the space for the 1919), but nothing has happened in regards to tendering and Valls opened the hut illegaly because they have no licence for it as the lease has expired in 2015?

[sws97sdg]

That's how I see it too!

[Sparky]

A translation from the DDM today, see the full story here :- Helados Valls asegura que tiene un permiso de 99 años para ocupar su actual espacio - Diario de Mallorca

Helados Valls says he has a permit for 99 years to his current space.
The company claims that the administrative act that seeks to limit the grant "is not firm" because he has not answered the appeal.

The company Helados Valls, owner of the kiosk located on the first line of Port de Pollença that the City wants to close to convene a public competition, ensures that the founders of the company "recall the existence" of a document which were granted the award for 99 years or until Valls-Martorell families abandon the ice cream manufacturing activity.

The company adds that it has requested "numerous times" copies of plenary agreements that would prove these arguments, although the City "has never provided this document". In any case, Helados Valls notes that, according to the documentation has been consulted on the record, at that time "was only one interested in occupying the public domain" to conduct the business of selling ice cream: Lorenzo Valls and Bartolomé Martorell , founders of the company.

Ensure that, in the absence of more people interested and because the statement of "general interest" of the predecessors of the company, the City "awarded directly to the founders selling ice cream at the kiosk Moll and Square Pollença with full and complete justification and legal compliance. " The dossier "makes clear the existence of an administrative concession granted in accordance with Articles 82 et seq Goods Public Entities". Add the company that paid the entire cost of construction, installation and connection of the kiosk, "thus consolidating their quality of dealer point of sale, either by the term legally designated for 99 years or as families Valls-Martorell engaged in the manufacture and sale of ice cream.

Administrative appeal

The company that owns the ice cream kiosk filed an administrative appeal against the decision of the board of municipal government May 2015 which limited the concession. "This is an administrative act that is not final, since today (resource) has not been answered by the council," so that "no other way" to go to court.

The company claims that the City Council, instead of answering the appeal and rule on claims Ice Cream Valls, "has chosen to adopt a new agreement that resolves start a record of expiration of the authorization granted in his day and that directly involves the eviction company kiosk Moll ". The owners describe as "unfair" the municipal decision because "forgets that both concessions and administrative authorizations granted in precarious are likely to be resolved only upon the occurrence of a public interest and prior compensation", which "has not been proven".

Finally, the company appeals to much popular support that has so far to argue that there is no general interest to declare the expiration of the concession. It ensures that the ice cream kiosk "is part of the tradition and the cultural, culinary and social essence of Pollença". Yesterday afternoon, the campaign launched by the company had more than 4,500 signatures in favor.

[sws97sdg]

That again puts a different slant on it doesn't it, if such a document exists that would prove difficult to ignore, either way I can see them being able to carry on trading this year at least, due to the support they have received .

[Bircho]

If Ice Cream hut has run since 1930 but the Café since 1919, surely the Café wins - or am I missing something

(PS I am being ironic before anyone answers!)

[Molt de Renou]

If I am correct, the party in power in the town hall is not the same one that extended the lease or agreed to hold a new allocation of the site, so blaming one or the other would be out of order.

Quite frankly, if I had been Valls I wouldn't have waited this length of time to mention the 99 year lease. Why didn't they when they signed the last 20 year contract, 20 years ago.

They have obviously supposed or taken for granted that it was always their for the taking, maybe with the help of a few friends in high places, and got a shock when these friends are no longer where they used to be.

As much as I like their ice cream, they are in business and on today's world this is one of the risks they have had to take.

[clinkham]

With much talk of leases/contracts etc it's such a pity Mrs C is now a retired lawyer. I could be looking forward to a few weeks in the sun as she gathered the facts of the case and and had talks to advise one or the other parties to the dispute.....
No doubt local lawyers will be circling (as in vultures) looking forward to a nice little earner.

[clinkham]

PP, it seems, isn't the only place where the life of the ice cream salesmen is not a happy lot -
Ice cream wars in Northumberland as brought to you by the Daily Mail***.

"After mother-of-three Steph Harmison noticed his van parked elsewhere on Sunday and heard of his plight, she set up an online petition to ensure he ‘knows that he is still wanted’ by customers.
The 26-year-old, whose petition has had 1,700 signatures, will take part in what she has called a ‘quiet protest with our children’ on Sunday at the car park where Mr Brash has lost his spot."

http: //tinyurl.com/haq5ura

**** please, no comments about in/out the EU. I don't want to get into trouble with Sparky..

Purely bringing this to your attention regarding a long serving business being pushed to one side to generate cash for the Council, allegedly.

[mike_dublin]

Maybe the few friends in high places are now on the other side of the dispute and the idea of shifting the hut or giving it to someone else?

Not that I'd want a 1919 ice cream ...