5 December 2015

Law enforcement shops Amsterdam

Shops Amsterdam and strict permit rules

The city of Amsterdam has become more strict on law enforcement e.g. against ice-cream shops and waffle shops in de city of Amsterdam. Apparently the amount of hospitality shops with ice-cream and waffles is alarming for the city of Amsterdam. Shop owners in the center of Amsterdam may now have to apply for a catering permit (horecavergunning) and may have to comply with stricter hospitality rules (horeca regelgeving). Also shops displatying too much advertising material are targeted by law enforcement officers of the cities rules for building exteriors (Welstandsnota)

Procedure law enforcement shops

Inspections may take place by law enforcement officers. The ice-cream shops will be kept if they apply with the hospitality rules. When the owner of the shop is not complying with the rules, then he might get a warning from the law enforcement officers. Temporary limitation on opening times is also possible, as well as a penalty or administrative fine. The shop owner can stop the offence himself, if any, or if necessary, apply for a hospitality permit (horecavergunning) with the city council. Once an offense has been established in the shop, the law enforcement officer will return to the shop at short notice, and more severe sanctions may follow in case the shop owner is still not complying with the rules.

Shop regulations Amsterdam

The city of Amsterdam regulation for selling ice is applicable since October 2009 (Richtlijn ijsverkoop). An ice-cream shop is actually treated as a normal shop. It is not allowed to prepare food in the shop and not allowed to have facilities for customers to stay, like in a café or restaurant. A terrace with chairs is not allowed. An ice-cream shop that wishes to offer more facilities to customers must therefore apply for a normal hospitality permit (horecavergunning). Also rules on building aesthetics apply (Welstandsnota) and limit advertising on the exterior on shops. Read also: real estate investment in the Netherlands.

Penalty and fines for shops

An administrative penalty or fine in the Netherlands is always announced in writing to the shop owner. In case the shop owner does not agree with the penalty, the shop owner can give his (written) opinion on the announcement (zienswijze). In case the city council comes up with a decision with an administrative final penalty, the shop owner can appeal within six weeks (bezwaarschrift indienen) from the day of the decision. In case of a more severe sanction, like closing of the shop or the withdrawl of a permit, a preliminary injunction can be obtained from the District court of Amsterdam. In case the appeal is denied by the appeals committee of the city council, then an appeal can be made by the district court (administrative chamber) within six weeks from the appeal decision. You may wish to consult a Amsterdam lawyer specialized in hospitality (horeca advocaat) when law enforcement decision announced against your shop.