The NTA issued an ex-officio audit order on the legality of the licensing and operation of amusement park activities, when during a preliminary investigation of a complaint concerning the amusement park, it was found that it was operating under an licence granted in 2006, the validity of which has expired.
According to the audit findings, the existence of legal residences at less than 150 meters distance (detached to the amusement park and at a distance of up to 14 meters) and taking into account that according to the provisions of the Joint Ministerial Decision 7034/1298/2000, the minimum distance of an amusement park operation from the nearest legal residence (primary and secondary) cannot be less than 150 meters, makes it clear that after the expiry of the then operating licence in 2001, it could not be renewed, let alone a new one issued.
For almost five years, from 2001 to 2006, the amusement park operated without a legal licence, amidst friction with residents, complaints, administrative delays and legal disputes. Moreover, in 2002, the Council of State had rejected the suspension of the closure, and its shutting down was requested, among others, by the then Office of the Environment and Energy Minister, the former Inspectors - Controllers Body for Public Administration and the Region of Athens - Piraeus. Notwithstanding the above, in 2006 the Municipality proceeded unlawfully to grant the operating licence.
On 20-07-2011, a competent police authority found that the amusement park was operating without a licence from the competent authority as the 2006 licence had expired. Since then and until April 2022, for 11 years, the park had been operating on the basis of a decision to suspend the execution of its closure decision, despite other violations of the licence terms that had been identified by the Municipality and other bodies involved. From the publication of the Athens Appeal Court decision, in April 2022, and until the ex officio commencement of the ex officio NTA audit, the amusement park operated unlawfully, since, first it did not have a valid operating licence and, second, it operated until then on the basis of the abovementioned decision to suspend the execution of its closure, which was in force until the publication of the Court of Appeal decision. There was therefore a legitimate reason for its operation and the Municipality was obliged to proceed to its permanent closure.
The initial opinion of the Municipality’s Legal Affairs Division was that the amusement park license was for an indefinite term, despite the fact that the indefinite term was not provided for in any statutory provision of the pre-existing amusement park activity licensing framework. During the audit, the Municipality's Legal Affairs Division's opinion changed, acknowledging that the 2006 license was not in effect, as had been initially noted by the audit team.
In addition, the audit team requested an on-site inspection by the Directorate of Environment and Quality of Life and the Municipality's Building Department and the Athens Fire Services Administration to conduct an autopsy.
The Municipality's services found, among other things, discrepancies between the licensed and the amusement games found on the premises as well as differences in buildings, sizes, corridors, railings from the submitted plans for the issuance of the license. The business also occupies land that is zoned as a street (abutting portion of the property). The Athens Fire Services Administration, after an autopsy, proceeded to revoke the business’s Fire Protection Certificate and imposed an administrative fine for the violations.
During the audit, on 16-05-2023, the permanent closure of the company was finally carried out, while the President of the Court of First Instance had previously issued a negative decision on the granting of a temporary order suspending the execution of the closure decision.