The municipality of Rome, like other Italian municipalities characterised by the presence of a historic centre of considerable artistic and cultural importance, has long since introduced the principle of a restriction on licences within certain areas of the city, in order to preserve its decorum.
In particular, the reason is to redevelop the most valuable areas as well as to prevent the involution of commerce, giving priority to high quality commercial activities and ensuring healthy enterprise development.
Licences are limited in number, with the possibility of sub-entry.
The limitation refers to the number of activities and not to the number of premises.
THE RESTRICTED AREAS
For Roma Capitale, the areas subject to the restriction of licences are as follows:
* Historic City (recognised Unesco site) and Rioni
* extraterritorial properties of the Holy See in the City
* Basilica of San Paolo Fuori le Mura
To understand whether an activity is restricted, it is necessary to identify the address of the premises and check whether it falls within the areas described above.
Through the Territorial Information System - NIC, it is possible to access all the geographical information and maps relating to the municipality of Rome:
TYPES OF COMMERCIAL AND CRAFT BUSINESSES ALLOWED IN THE MUNICIPALITY OF ROME
Article 4 of Resolution A.C. no. 47 of 17 April 2018 of the Municipality of Rome (as amended by the subsequent resolution of 2019) indicates the craft and commercial activities permitted within the Historic City, which determine a different gradation of the licence:
a) standard licence: carry out retail sales with a surface area not exceeding 250 square metres
b) medium-sized sales structures: carry out retail activities with a surface area of no more than 2,500 square metres
c) large sales structures: sales with a surface area exceeding 2,500 square metres (opening is permitted only in specific areas indicated in Resolution No. 47)
In cases b) and c), opening is permitted in the Historic City in accordance with current urban planning and building regulations (amendments made by resolution A.C. 25 June 2019, no. 48)
d) artisan workshops falling under art. 6 of Regional Law 3/2015.
ACTIVITIES FOR WHICH SUB-ENTRY IS POSSIBLE
For the activities indicated by the SCIA 2 decree, the transferee may make a sub-entry communication, even a temporary one.
This presupposes, of course, the existence of an original licence that will be registered in the name of the sub-entrant.
Here are, by way of example, the activities for which sub-entry is possible in private area trade:
* standard licence in the food and non-food sector
* medium-sized food and non-food sales structure
* food and non-food large sales structure
* food and non-food wholesale trade
* sale in indoor outlets
* sale exclusively through automatic machines
* sale by mail order, television or other means of communication
* retail sale at the consumer's home
Sub-entry is permitted in the sale of food and beverages in public areas (including in protected areas).
HOW SUB-ENTRY IS EXERCISED
The SCIA (certified notification of the start of activities) of the cessation of the productive activity by the original owner is followed by the communication to the Single Desk for Productive Activities (also at the SUAP) of the take-over of the transferee: the licence cannot exist at the same time for both subjects, and in order for the transferee to acquire it, the original owner must 'return' it to the municipality.
For the take-over to be effective, however, the transferee must meet the legal requirements.
If the take-over is temporary, the licence will revert to the original holder provided that the latter has in the meantime maintained the legal requirements, and in any case always subject to the approval of the municipal administration. If the transferee does not submit the sub-entry communication, he may not exercise the activity, incurring a fine ranging from € 516.00 to € 3,098.00.
When one chooses to open or invest in a business activity, it is advisable to choose carefully, on the basis of the brand and type of activity exercised, which is the most appropriate business area, taking into consideration the legal constraints represented by the quota of licences.