Cebu City Hall shutters Mabolo establishment for playing loud music ‘til wee hours of the morning

Cebu City Hall yesterday shuttered a bar and restaurant in barangay Mabolo for playing loud music through the wee hours of the morning.

Tree Lounge along Pope John Paul II Ave. (formerly Juan Luna Ave.) was also served a closure order by the City Treasurer’s Office (CTO) for its failure to settle its tax obligations.

“This is the first closure of a drinking establishment in the city following that of Kuerks restobar,” said Juanita Monina Paires, head of the tax mapping and inspection division of the CTO.

The closure order dated July 10 and signed by Cebu City Mayor Michael Rama was served to the establishment last July 19. The order was implemented yesterday by City Hall’s Prevention Restoration Order Beautification Enhancement (Probe) team.

“Ocular inspection was conducted in your area and verification of your records was also made with the Office of the City Treasurer relative to the reports as well as complaints against your business establishment,” the closure order reads.

Full volume

Efren Sanico, a councilman of barangay Mabolo, filed a complaint against Tree Lounge last April 1 in which he cited the concerns of residents who said the establishment had been playing loud music.

“The owner/management of said establishment has continuously violated the anti-noise ordinance of the city government. Even beyond the wee hours of the night its sound system is going full volume thus disturbing the neighboring residents,” Sanico said in his letter to Councilor Alvin Dizon.

“We also received reports that its guests or clients (who are mostly foreigners) when drunk become rowdy and disorderly to the extent of doing not so decent acts,” he added.

Sanico’s house is located just approximately 100 meters from the establishment. “There were a lot of times that we’ve called their attention because during Fridays and Saturdays, there are concerned citizens who call me because of the noise which lasts until 4 a.m.,” Sanico told Cebu Daily News.

He added that they have sent over barangay tanods after receiving complaints from residents, but the establishment’s manager allegedly refused to face them.

“Niadto ko didto twice. Ako unta istoryaon ang management pero ang ila ipa-atubang nako kay ang band leader man hinuon nga hubog sad. Dili kay ako ra ang naapektuhan ani. Mga silingan pud kay kahibaw man sila nga konsehal ko mao ako ila tawagon,” Sanico told CDN. (I went there twice. I wanted to talk to the management but they made me talk to a band leader who was drunk. I’m not the only one affected by this. Our neighbors too, because they know that I’m a councilman that’s why they call me.)

Councilor Dizon endorsed the complaint for discussion before the City Council on April 4. During the April 10 session, the City Council approved a resolution referring Sanico’s letter to the City Legal Office, for comment and recommendation.

The City Legal Office, then headed by former City Attorney Joseph Bernaldez, sent a notice to Tree Lounge to show cause as to why an order for the “unilateral and summary closure” of the business establishment in violation of the Anti-Noise and Tax Ordinances of the city should not be made.

Unacceptable noise

Janice Lape, the establishment’s lawyer, said in replying to the City Legal Office’s notice that they “never intend to act indifferent to the sentiments of our neighboring occupants.” “In fact we have been observing the practice of turning our volumes lower at least an hour before midnight. It is to our surprise that we still allegedly creating unacceptable noise,” Lape said.

A team from City Hall inspected the establishment last May 31 and June 5.

In their June 6 inspection report, it was found that the establishment is surrounded by residential houses and apartment buildings. It starts operating at 5:30 p.m. until 1 a.m. the following day. Closing time extends during weekends depending on the influx of customers, who are mostly foreigners.

The report was submitted by CTO inspectors Marie Sherilyn Garces, Erwin Seno, Prince June Tizon and Warren Camarillo and was noted by tax mapping and inspection division chief Juanita Monina Paires.

It was during the inspection that it was discovered that the establishment have not complied with the necessary requirements to operate a business.

“They also have not paid business taxes, fees and charges for the second quarter of 2013,” Paires said.