PULSE” Case in Kočani: Experts Say Economy Ministry Is Not Responsible for Inspecting Premises

The latest hearing in the “PULSE” case continued today with testimony from experts from the Faculty of Civil Engineering. They explained how powers and responsibilities for inspecting premises are divided among the various institutions.

The experts stated that the Ministry of Economy has neither the authority nor any legal duty or obligation to inspect premises. According to them, inspecting hospitality establishments and verifying whether they meet the required conditions falls to the relevant institutions and inspectorates, which act under powers defined by the laws governing this area.

Within the scope of its responsibilities, the Ministry of Economy implements the Law on Hospitality Activity and relies on the findings and opinions of the competent inspection authorities.

The expert who participated in preparing the construction assessment said that, under the provisions of the Law on Hospitality Activity, the Ministry of Economy had no authority to inspect or address the issue of the premises’ occupancy permit within the scope of its activities.

The assessment determines that responsibility for this issue lies with other institutions, in accordance with the Law on Construction. It was also clarified that the cabaret licence issued by the Ministry of Economy does not provide grounds for the construction inspectorate to take action against the premises.

According to the experts’ explanations, the designated purpose and manner of use of premises where hospitality activities are conducted are not regulated by the Law on Hospitality Activity. These matters are governed by the Law on Urban Planning and the Law on Construction, which set out the procedures and conditions governing the designated purpose and use of premises.

Consequently, when issuing a licence, the Ministry of Economy acts in accordance with the Law on Hospitality Activity and solely within the powers assigned to it by that law.

In this section, the assessment clearly distinguishes the responsibilities of the Ministry of Economy from those of the institutions with authority over the construction, use and technical inspection of premises.