Sector, referring to the principles of intervention by Public Administrations in the development of an activity: Public Administrations that, in the exercise of their respective powers, establish measures that restrict the exercise of individual or collective rights or require compliance with requirements for the development of an activity, must apply the principle of proportionality and choose the least restrictive measure, justify its necessity for the protection of the public interest, and justify its suitability for achieving the objectives pursued, without in any case resulting in discriminatory differences in treatment. They must also periodically evaluate the effects and results obtained. Therefore, a minimum of administrative intervention is required to ensure compliance with objectives of general interest, beyond the legitimate objectives of the private entities behind self-regulation. 3.2. Administrative intervention mechanisms for haute cuisine 3.2.1. Administrative management and control There are no specific regulations in our country regarding what can be considered haute cuisine. Regional tourism laws regulate, where applicable, catering as a secondary or complementary activity to tourism, but they do not establish or develop regulations regarding what should be considered haute cuisine. I’m not arguing here that it’s essential, but the truth is that it would be good to have a minimum regulatory density, not so much to exercise administrative control activity, which is also necessary, but to, where appropriate, promote this type of restaurant. The problem is that, in this type of activity, that is, haute cuisine, the authorities have largely ignored it. Requirements are established to verify compliance with minimum quality standards and, where appropriate, to classify the type of establishment, but nothing more. Thus, to give the most recent example of regulation, Decree 79/2021, of July 6, which regulates the organization of catering businesses in Castilla-La Mancha, establishes the following classification in its Article 3: 1. Catering businesses are classified into the following categories: a) Restaurants. b) Cafeterias. c) Bars. d) Leisure, entertainment, and dance establishments. e) Catering companies. f) Event spaces. No reference is made to haute cuisine or fine dining restaurants. The State has also regulated this matter, but not through its authority to regulate tourism, which it does not have, but rather based on Article 149.1.16, 9 ADMINISTRATIVE CONTROL IN THE “HIGH QUALITY” GASTRONOMIC OFFER
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