The opening and operation of the first kiosks belonging to the new concessionaires that emerged from the mega tender under suspicion has already begun with controversy and complaints because, at least in the case of Es Pujols, it does not comply with some of the requirements and prohibitions established by the Consell de Formentera in the specifications. And is that employees of the kiosk located in Es Pujols, belonging to one of the companies of Angel Bustos, Apartamentos Castaví, SA, take orders and serve drinks and food along the beach, both to customers who enjoy the day on a sun lounger under the sun umbrella and those who are lying on the sand. To do this, they use a wireless POS to charge. In spite of the fact that the specifications expressly prohibit it, the kiosk of es Pujols has taken over the entire beach as a terrace without paying occupation of public roads, like any other establishment. It is an illegal street vending disguised as legality.
The specifications prohibit it
In this sense, the regulation establishes that “in the kiosks and terraces, only the sale and consumption of authorized products issued by the concessionaire of the facilities will be allowed”, and also establishes that “the itinerant sale of the products of the kiosk on the beach is not allowed”, since “it should be the customers who come to the kiosk to buy”.
The practice is widespread, constant and in broad daylight. With total impunity,workers leave the kiosk to pick up orders and, tray in hand, return to serve and collect them.
Serious misconduct
The sources consulted by La Voz de Ibiza assure that this is the first time that a serious fault has been observed so soon after the beginning of the season. According to the regulations, it is considered serious “any breach of the requirements set out in the Specific Technical Specifications and in the Administrative Clauses or qualified as minor or very serious”, something that coincides with the situation reported.
Accumulation of irregularities
As La Voz de Ibiza has been reporting exclusively and practically alone, since the only media that has echoed the information has been Formentera Radio, the tender for beach services in Formentera is full of irregularities, since the bases were modified at the whim of the Contracting Committee on several occasions during the processing and, in addition, the modified criteria were not fulfilled and others were applied, in addition to other blatant irregularities such as in the process of opening the bids that led to cross-contamination. The result is that, at least, seven of the eight winners of the tenders would not have been the first. At least, La Voz de Ibiza is aware of six contentious administrative appeals, in addition to a complaint to the Guardia Civil.
The lots of Es Pujols
The two companies that have wonlots 19 and 24 for beach bars on the beach of es Pujols, Apartamentos Castaví, SA and Paraíso de los Pinos SA, are part of the family business conglomerate of Ángel Bustos Martínez, known for his business in the port world through Marina de Formentera SA. The president of Compromís, Javier Serra, is a partner of Marina de Formentera, a situation that has prompted an internal investigation of the Consell to find out if the incompatibility breach may be the result of the nullity of their actions. This company has been involved in several legal proceedings related to the Port Authority of the Balearic Islands. Ángel Bustos, CEO of the company, was acquitted because his crime was time-barred in the trial of the Mar Blau case despite the fact that it has been proven that he obtained a concession in the port of La Savina thanks to the privileged information provided to him by APB officials whom he bribed by giving them an apartment. The president of Compromís amb Formentera, a coalition party of the PP in Sa Unió, and former second vice president of the Consell de Formentera, Javier Serra, is listed as a partner of Bustos in this company. Specifically, in the registry of assets held by La Voz de Ibiza he claims to be the owner of 22.40% of the same, with a market value of 437,448 euros. Serra has already expressed himself about his situation, arguing that “nobody has told him that he was incompatible”.
