Liquor and Horecawet

Original Language Title: Drank- en Horecawet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

Act of 7 October 1964, regulating the exercise of undertakings and activities in which alcoholic beverages are supplied or in connection with the activities of the

We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

So We have taken into consideration that it is desirable for the Drankwet ( Stb. In addition, the establishment arrangements in force for the catering and the holding companies are to be replaced by a new law governing the provision of alcoholic beverages, both from a social and economic and socio-economic level. arrange points of view;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


§ 1. Conceptual provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purpose of applying to or pursuant to this Act, the following definitions shall apply:

    -Our Minister: Our Minister of Health, Welfare and Sport;

    -horeca business: the activity in any case consisting of the business or other than the non-provision of alcoholic beverage for use on the spot;

    -grinder: the activity consisting of the business or other than for the non-provision of spirits for use elsewhere than on the spot, whether or not accompanied by the business or not to be supplied to individuals to provide individuals with a low-alcoholic and non-alcoholic beverage for use elsewhere than on the spot or with the business of other operations designated by a general measure of management;

    -location: a confined space, forming part of an establishment;

    -horecalokality: a localisation of a lockable access point, forming part of an establishment in which the catering establishment is carried out, in any case intended for the supply of alcoholic beverage for use on the spot;

    -type of abrasive: a localization of a lockable access point, forming part of, or coinciding with, an establishment in which the grinder is applied, in any case intended for providing a strong drink for use elsewhere than at the premises;

    -establishment: the premises in which the grinder or the catering establishment is carried out, with its terraces in so far as the terraces are intended, in any case, for the supply of alcoholic beverages for use in the on the spot, the locations of which may or may not be part of another restricted area;

    -leading:

    • 1. the natural person or directors of a legal person or their authorised representative, whose account and risk is the holding of the hearing or the like-making plant;

    • 2 °. the natural person, who gives general guidance to an undertaking, in which the firm or the grinder is carried out in one or more establishments;

    • 3 °. the natural person, who gives immediate guidance to the exercise of such a holding in an establishment;

    -wine: the categories of spirituous beverages listed in Annex IV to Regulation (EC) No 479/2008;

    -spirits: the oral solution containing 15% or more of alcohol at a temperature of 20 degrees Celsius, with the exception of wine;

    -alcoholic beverage: the drink containing more than half a percentage by volume of alcohol at a temperature of 20 degrees Celsius;

    -Weak-alcoholic drink: alcoholic beverage, excluding spirits;

    -paracommercial juridical person: a legal person other than a public limited-liability company or private limited liability company, which is situated in addition to activities of recreational, sporting, socio-cultural, educational, philosophical and whether a religious character is intended for the operation in the own management of a catering establishment;

    -barvolunteer means the natural person who, not on a service-by-service basis, provides alcoholic beverage in a horecalokality in management with a paracommercial legal person;

    -visitor: any person who is in an establishment, except for:

    • 1 °. executives;

    • 2 °. persons employed in the establishment;

    • 3 °. persons whose presence in the establishment is necessary for urgent reasons;

    -the holder of the authorisation shall be the natural or legal person to whom the authorisation is to be granted. Article 3 , has been granted;

    Annex: Annex as follows: Article 44b, first paragraph .

  • 2. a device does not refer to any means of transport for the purpose of carrying out a holding.

  • 3 This law is, with the exception of the Articles 20 , 21 and 24, third member , not applicable to:

    • (a) means of transport intended for the transport of persons, during their use as such;

    • b. Army localities and localities, subject to military authority, for the time that they are used exclusively for military purposes;

    • (c) opened in aerodromes for traffic to and from countries outside the European Union, in the area accessible only to persons holding a valid ticket or issued for that purpose. Person card.


§ 2. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the interest of public health, the general measure of management may lay down rules on the content of the advertising of alcoholic beverages, the target groups on which such advertising is directed, and the time and manner in which the advertising of alcoholic beverages is concerned. and the place where advertising is being made. Those rules may contain prohibitions, restrictions and regulations regarding advertising. The measure provides for a transitional arrangement with regard to advertising material which had already been revealed at the time of entry into force of that measure.

  • 2 It shall be prohibited to advertise alcoholic beverages which do not comply with the rules laid down pursuant to the first paragraph.

  • 3 The prohibition laid down in paragraph 2 shall not apply to the advertising of alcoholic beverages, where such oral solution contains only indications of trade mark, nature and price, and the place where that beverage is to be used. provided.

  • 4 A general measure of management established pursuant to paragraph 1 shall not enter into force earlier than eight weeks after the date of issuance of the Official Gazette in which it is placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.


Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It shall be prohibited to carry out the business or grating holding without any authorization to that effect from the Mayor.


Article 3a [ Expaed by 01-11-2000]

Compare Versions Save

Article 3b [ Expaed by 01-11-2000]

Compare Versions Save

Article 3c [ Expired by 01-11-2000]

Compare Versions Save

Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By municipal ordination, rules on the prevention of unfair competition shall be laid down which shall be governed by the provision of alcoholic beverages by joint legal persons.

  • 2 By regulation, the municipality is allowed to take into account the nature of the paracommercial legal person.

  • 3 The rules referred to in paragraph 1 shall cover, in each case, the following:

    • a. times during which alcoholic beverages may be supplied in the establishment concerned;

    • b. To hold meetings of a personal nature, such as weddings and parties, in the establishment;

    • (c) meetings to be held in the establishment aimed at persons not or indirectly involved in the activities of the legal person concerned.

  • 4 The mayor may, for special occasions of a very temporary nature, waive the rules laid down in or pursuant to this Article for a continuous period of not more than 12 days.

  • 5 The derogation, or a copy thereof, shall be present in the establishment.


Article 5 [ Expated per 01-01-2013]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5a [ Expaed by 01-11-2000]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link

The preparation of a decision to grant an authorisation under Article 3 for the holding company shall be the subject of a paracommercial legal entity. Section 3.4 of the General Administrative Law applicable.


Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A licence is required for each establishment.

  • 2 No licence shall be granted for the holding of the catering or the holding company other than in an establishment.

  • 3 If a terrace is part of an establishment, which is part of a shop, only a permit on the terrace is granted, if it immediately joins a horecalokality. For other terraces, only permits are granted if they are located in the immediate vicinity of a horecalokality.


Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Executives of the Horecan and the milling company shall meet the following requirements:

    • a. They have reached the age of twenty-twenty;

    • b. They are not in any way of bad life behaviour;

    • c. They must not be curated.

  • 2 In addition to the requirements laid down in paragraph 1, a general measure of management shall lay down other requirements for the moral conduct of management and may specify the requirement laid down in that paragraph, point (b).

  • 3 Executives also have sufficient knowledge and understanding of social hygiene, in accordance with the general management measure.

  • 4 The requirement laid down in paragraph 3 shall not apply to managers whose account and risk is exercised by the hearing firm or the grinder, if such managers are not engaged in the operation or exploitation of the holding. horeca or the grinder for which authorisation is sought or obtained and the holder of the authorisation confirms it in a written declaration.

  • 5 The proof of compliance with the requirements referred to in paragraph 3 shall be indicated by the Secretary of the Minister for the Conditions of Employment of the Minister. Such evidence shall be kept by a body to be designated by Our Minister. This register may be consulted by:

    • a. the Mayor, on the granting of a permit on the basis of Article 3 , when granting a derogation on the basis of Article 35 and in a notification as referred to in Article 30a ;

    • b. Officials responsible for supervising compliance with the provisions of, or pursuant to, the provisions of this Act.

  • 6 In the case of a paracommercial juridical person holding the Horecaholding, at least two executives shall meet the requirements of this Article.


Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The management of a joint legal entity shall, in order to obtain a licence to exercise the business of the horns undertaking, lay down rules to ensure that the provision of alcoholic beverages in the establishment of the institution is based on the social hygiene is carried out in a responsible manner.

  • 2. The Regulation shall lay down:

    • a. which qualification standards are put in the information instruction in the field of social hygiene that barvolunteers get to be able to meet the requirement set in Article 24, second paragraph (c) ;

    • b. the manner in which, by or on behalf of the Board, the compliance with the Rules of Procedure shall be ensured.

  • 3 The joint-cial legal person shall keep a record of the barvolunteers who have obtained the information instruction referred to in the second paragraph. Such registration or a copy thereof shall be present in the establishment.

  • 4 The Regulation or a copy thereof shall be present in the establishment.

  • 5 In the case of, or under general management, detailed rules may be laid down in respect of the content of the rules of procedure.


Article 10

Compare Versions Save Relationships (...) (External Link) Permanent Link

The establishment must comply with general measures of management in the interests of social hygiene.


Article 11

Compare Versions Save Relationships (...) (External Link) Permanent Link

An under Article 3 in respect of the supply of alcoholic beverage, it shall not apply to any other parts of public roads other than those provided by the mayor expressly authorised.


Article 11a [ Expired by 01-11-2000]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 3. Specific provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 12

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It shall be prohibited to provide alcoholic beverage for use on the spot other than in a horecalocality specified in the permit, or other than on a terrace specified in the permit, unless it is intended to deliver it from a locality Of alcoholic beverage on order in hotel rooms furnished for night stay or the provision of alcoholic beverage by making it available in such hotel rooms.

  • 2 It shall be prohibited to provide spirits for use elsewhere than on the spot other than in a abraded site specified in the permit.


Article 13

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It is prohibited to provide alcoholic beverage on a terrace or on a terrace for use elsewhere than on the spot.

  • 2 It is prohibited to provide alcoholic beverage for use on the spot in a wear-out shop unless it is not provided to do so by a person who commits to doing so and has the purpose of providing a customer in that mute location. which therefore requests that an alcoholic beverage available in that liquor store should be tested.


Article 14

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It is prohibited to use a wear-down-type simultaneously for the purpose of carrying out activities other than those which are part of the grinder or to permit such activities to be carried out in such activities.

  • 2 It shall be prohibited to use a horecalocality or a terrace also to conduct the retail or self-service wholesaler or carry out one of the activities listed in paragraph 3, or to allow it to do so in such a way that it is not trade or activity is carried out, unless it is the sale of food preparations ready for consumption.

  • 3 The activities referred to in paragraph 2 shall be:

    • a. Business to private individuals selling goods under a public bungled, as intended in: Article 1 of the Official Supervision Act of Public verkopings ;

    • (b) the provision of services, other than recreational and cultural services;

    • (c) renting out the business of goods;

    • d. In the public business purchase of goods.

  • 4 The recreational services referred to in point (b) of paragraph 3 shall not include the provision of games of chance, with the exception of the presence of slot machines as referred to in point (a) of this Regulation. Title Va of the Gaming Act .


Article 15

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It is prohibited to retail, with the exception of retail condoms and damesbanding, or the self-service wholesale or one in Article 14, third paragraph , mentioned activity, to be carried out in a locality belonging to an establishment in which the catering establishment is carried out, if the public has access to that location only by entering a location where alcoholic drinks are is present.

  • 2 It is prohibited that a wear location is connected to a space in which the retail or self-service wholesaler or any in Article 14, third paragraph This activity is carried out unless it is complied with by rules to be imposed by a general measure of management.


Article 15a [ Expired by 01-11-2000]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 16

Compare Versions Save Relationships (...) (External Link) Permanent Link

It shall be prohibited to provide, for example, those who supply or otherwise supply alcoholic beverages, from which the customers may be able to obtain their own liquor in such a way that they may be supplied, unless they are in the hotel rooms, for night stay, which is part of a device in which the catering establishment is lawfully exercised.


Article 17

Compare Versions Save Relationships (...) (External Link) Permanent Link

It shall be prohibited to supply or supply otherwise than in a closed package, commercial or non-alcoholic beverages for use elsewhere than in the case of non-alcoholic beverages, which cannot be opened without obvious damage.


Article 17a [ Expired by 01-11-2000]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 18

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It shall be prohibited to supply to private persons other than the grating undertaking a weak-alcoholic beverage for use elsewhere than at the premises of the individual.

  • 2 The prohibition set out in the first paragraph shall not apply to the provision in:

    • a. A shop in which food or tobacco and related articles or products related to alcoholic beverages are sold together with non-alcoholic beverages only;

    • b. A department store with a food department with a floor area of 15 m² at least to which a varied range of packaged and unpackaged food is sold;

    • c. A private area which has been open to the public in which foodstuffs were mainly sold locally and elsewhere than on the spot are to be sold, which is not a horecalokality.

  • 3 Weak-alcoholic beverages are, in the cases referred to in paragraph 2, placed in the private space in such a way as to clearly distinguish them from non-alcoholic beverages to the public. Non-alcoholic alternatives to beer and wine do not have to be distinguished from the low-alcoholic beverages.


Article 19

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It is prohibited, other than in the lawful exercise of the milling company or of the parties-catering company to offer to do orders for strong liquor and to deliver strong liquor on order or deliver. for houses of private individuals. 'Batches-catering' means the provision of services and beverages for use in private parties on a place to be determined by a principal, which is only occasionally available, with the provision of services. for such parties.

  • 2 It shall be prohibited to provide orders for a low-alcoholic beverage and a low-alcoholic beverage to be delivered on order or to be delivered to private houses, other than from:

    • a. A confined space which is not accessible to the public, in which corresponding orders are to be accepted, not a horecalocality;

    • b. A space as specified in Article 18, second paragraph ;

    • c. An establishment in which the grinder is applied.


Article 19a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The disqualification shall be imposed for at least one week and no more than 12 weeks.

  • 3 The mayor is empowered to impose a charge under administrative coercion to enforce a denial imposed under this article.


Article 20

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It is prohibited to supply alcoholic beverages other than non-alcoholic beverages to a person who has not been determined to reach the age of 18 years. The provision of alcoholic beverages for the purpose of supplying alcoholic beverages to a person who has been determined to reach the age of 18 years shall also be included in the provision referred to in the first sentence, however, whichever is apparent to a person who is not in a position to person who has not been determined to have reached the age of 18.

  • 2 It shall be prohibited to allow a visitor to the presence of a visitor who has not been determined to reach the age of 18 years other than under the supervision of a person of 21 years of age or older.

  • 4 In the case of access to a horecalocality, a grinding site, a space as intended for the public Article 18, second paragraph A clearly visible and legible indication of age or age limits shall be clearly visible and legible as to whether a means of transport in which business or non-alcoholic beverages is supplied is provided. In the case of a regulation of our Minister, it is possible to lay down detailed rules or to establish models.

  • 5 It shall be prohibited to admit to any person who is in a manifest state of drunkenness or manifestly under the influence of other psychotropic substances, in a abrasive shop or catering grade or on a terrace.

  • 6 It is prohibited to serve, in a manifest state of drunkenness or manifestly under the influence of other psychotropic substances, in a wear-down location or a horecalokality.


Article 21

Compare Versions Save Relationships (...) (External Link) Permanent Link

It shall be prohibited to supply alcoholic beverages, other than alcoholic beverages, if reasonable suspicion is to be taken, that this will result in a disturbance of public order, security or morality.


Article 22

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It is prohibited to supply alcoholic beverages other than that of alcoholic beverage:

    • a. In places where fuel is supplied to private persons for means of transport and in shops connected to a petrol station;

    • b. In stores connected to a facility in which the catering company is located along a under a under the Road Traffic Act 1994 road designated as a motorway;

    • c. In spaces situated along a under the Road Traffic Act 1994 road, designated as a motorway, unless it is the supply of alcoholic beverage for use on the spot in a horecalocality or on a terrace situated in the immediate vicinity of a horecalokality, and in that establishment Mainly hot meals for direct consumption on site are provided.

  • 2 In the case of a general measure of management, business or other non-provision of alcoholic beverages may be prohibited:

    • a. Parts thereof designated in stadiums or designated by that measure for the time that they have been opened to the public in connection with matches of paid football;

    • b. Parts thereof designated in buildings or in that measure, which are in use by institutions in the field of health care and education and swimming pools.

  • 3 A general measure of management established under paragraph 2 shall not enter into force earlier than eight weeks from the date of issuance of the Official Gazette in which he is placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.


Article 23 [ Expired by 01-01-2013]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 24

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It shall be prohibited to keep a horecalocality or a wear-out shop for the public if there is no provision in the establishment:

    • a. An executive who is listed on the appendix to the licence referred to in Article 29, second paragraph , with regard to that establishment or any other authorisation of the same holder of authorisation or

    • b. a person whose assignment on the grounds of Article 30a, first paragraph , has been requested, provided that the receipt of that application has been confirmed, as long as it has not yet been decided on that application.

  • 2 By way of derogation from paragraph 1, a paracommercial juridical person shall be prohibited from opening a horecalokality, during the time provided by the provision of alcoholic beverages, if the establishment does not contain:

    • a. An executive who is listed on the appendix to the licence referred to in Article 29, second paragraph , with regard to that establishment or any other authorisation of the same holder of authorisation or

    • b. a person whose assignment on the grounds of Article 30a, first paragraph , has been requested, provided that the receipt of that application has been confirmed, as long as it has not yet been decided on that application, or

    • c. a barvolunteer who is an information instruction as intended to Article 9, second paragraph -Got it.

  • 3 It is prohibited to have persons under the age of 16 years of service in a wear-out shop or in a case of horecalocality, during the time that drinks are provided therein.

  • 4 If this is for compliance with Article 20, first to third paragraphs Where a general measure of management is required, the age referred to in paragraph 3 may be set at 18 years, provided that this does not apply to persons supplying alcoholic beverages in the context of a person who is a member of the Community who is not in the measure to be given to vocational training.


Article 25

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It shall be prohibited to open up a space to the public other than in the lawful exercise of the grinder or the catering undertaking:

    • a. To have an alcoholic beverage in that space, unless it is done in the service of the legitimate in that space of business or other than of non-provision of a weak-alcoholic beverage for use elsewhere than in the case of non-private use on the spot, provided that the oral solution is contained in a package which meets the requirements of Article 17 demand requirement;

    • b. In the non-accessible parts of that space, it shall have an alcoholic beverage in stock, except where it is:

      • 1 °. having a low-alcoholic beverage in stock serving private individuals in the lawful pursuit of a business other than the grinder, for use elsewhere than on the spot, provided that: this drink is contained in a package that meets the Article 17 demand requirement;

      • 2 °. the supply of alcoholic beverage for the purposes of carrying out a business consisting of, inter alia, the manufacture of alcoholic beverages.

  • (2) It is the person who, unlike in the lawful exercise of the catering undertaking, has opened an open space for the purpose of allowing an alcoholic beverage to be consumed in that space. This prohibition shall not apply if the exception is given in: Article 13, second paragraph .

  • 3 It is the person who uses a means of transport for the purpose of carrying out the retail trade to prohibit its presence, or to have a spirit drink thereof, unless it is a means of transport used for:

    • a. Lawfully supplying alcoholic beverages to private individuals on order;

    • (b) the supply of a low-alcoholic beverage within the means of transport in the context of the circular exercise of the retail trade consisting predominantly of trade in a variety of food products and grocery items.


§ 3a. Municipal regulatory authority

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 25a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By municipal regulation, the commercial or non-supply of alcoholic beverages may be prohibited in establishments or subject to restrictions.

  • 2 In such a Regulation it may be determined that:

    • (a) the prohibition shall apply only to establishments of a nature designated by that Regulation, in parts of the municipality designated by that Regulation or for a time space designated by that Regulation;

    • (b) The Mayor according to the rules to be laid down by that Regulation shall be subject to a licence as referred to in Article 3 can connect and restrict the permit to provide weak-alcoholic beverage.


Article 25b

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By municipal regulation, it may be prohibited to allow visitors in the case of horecalokalities and terraces below a age to be determined by that Regulation, but not exceeding 21 years.

  • 2 In such a Regulation it may be determined that:

    • (a) the prohibition shall apply only to the horns and terraces of a nature designated by that Regulation, in parts of the municipality designated under that Regulation or for a time space designated by that Regulation;

    • b. the age of the person who wishes to be admitted is fixed at the Article 20, third paragraph That's how it was.


Article 25c

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 In such a regulation, it may be laid down that the prohibition applies only to parts of the municipality designated by that Regulation.


Article 25d

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By municipal ordination, the protection of public health or the interests of public order may be prohibited by business or other than non-alcoholic beverages:

    • a. To be provided for on-the-spot use at a price less than or less than 60% for a period of 24 hours or less than the price commonly requested in the respective horecalocality or on the terrace concerned;

    • b. To be offered for use elsewhere than on site at a price less than 70% of the price commonly requested at the point of sale for a period of one week or less than 70%.

  • 2 By such a Regulation, the prohibition shall be limited to offers and benefits in kind provided for by a nature of that Regulation or in parts of the municipality designated by that Regulation.


§ 4. Licences

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 26

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An application for authorisation as intended Article 3 shall be made on a form or an electronic information medium which shall be established by means of a regulation of our Minister.

  • 2 The Municipal Council may, by regulation, adopt a form providing supplementary questions, in so far as it makes use of its powers to:

    • a. in a Regulation on the basis of Article 4 take account of the nature of the joint legal person;

    • b. to connect to a permit regulations or restrictions on the basis of Article 25a ;

    • c. in a regulation on the basis of Article 25b take account of the nature of the horecalokalities or terraces.

  • 3 The form referred to in paragraph 2 may be subject to detailed rules for the benefit of the form provided for in paragraph 2.


Article 27

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 A licence with regard to an establishment, the authorisation of which is based on the Article 31, first paragraph, point (c) , has been withdrawn, may not be longer than five years for a period of no more than five years laid down by that withdrawal.


Article 28

Compare Versions Save Relationships (...) (External Link) Permanent Link

A permit shall be granted, if none of the in Article 27 The grounds for refusal provided for is present.


Article 29

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The mayor shall enter in a permit:

    • a. The permit holder;

    • (b) the purpose of which business is to be authorised;

    • (c) the place where the establishment is located;

    • d. the situating and the areas of the catering or mucilage and terraces;

    • e. the precautions or restrictions attached to the licence.

  • 2 The mayor mentions in an appendix to the licence the executives. In relation to an executive who is in a position to be Article 8 (4) The mayor makes a note in this respect.

  • 3 The authorization and its appendix, or copies thereof, and, where appropriate, a copy of the application, Article 30a, first paragraph , and the acknowledgement of receipt referred to in Article 30a, paragraph 4, or a copy thereof, shall be present in the establishment.

  • 4 The permit and appendix are made on a form to be established under the procedure of Our Minister.


Article 30

Compare Versions Save Relationships (...) (External Link) Permanent Link

Where an establishment is undergoing such change that it no longer conforms to the description given in the licence, the licence holder shall notify the mayor of the change in question within one month. The mayor shall, if the conditions laid down in respect of the establishment are still satisfied, provide an amended authorization, which shall give the following: Article 29 The required description is adapted to the new situation.


Article 30a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A licence holder reports to the mayor his wish:

    • to have a person as a supervisor to be credited to it;

    • b. to make the note by showing that a supervisor is not involved in the management or operation of the catering company or the grinder.

  • This notification shall be deemed to be an application for amendment of the Appendix.

  • 3 The application shall be made on a form or an electronic information medium which shall be established by means of a regulation of our Minister.

  • 4 The mayor shall immediately confirm receipt of the application in writing or by electronic means.


Article 31

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A permit shall be revoked by the mayor if:

    • (a) the information provided for the purpose of obtaining it appears to be incorrect or incomplete, that any other decision would have been taken on the application, if the appropriate conditions had been fully disclosed in the assessment;

    • b. no longer be met by the at or under Articles 8 and 10 requirements applicable;

    • (c) the facts of the establishment in question, which have the effect of ensuring that the permit remains in force for the purposes of public policy, security or morality, have occurred;

    • d. The permit holder in the Articles 30 and 30a , first paragraph, no notification referred to in those articles has been made.

  • 2 A permit may be revoked by the mayor if the permit holder fails to comply with the rules laid down in or under this Act, or the regulations and restrictions attached to a licence or waiver.

  • 4 If a permit has been revoked because it has acted contrary to the regulations and restrictions attached to the permit, intended Article 4 or 25a , the power to grant a new licence to the legal person concerned shall be suspended until one year after the decision to revoke has become final.


Article 32

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 During suspension, the Mayor shall not grant the holder of the authorisation a new authorisation on the basis of Article 3 .


Article 33

Compare Versions Save Relationships (...) (External Link) Permanent Link

A licence shall expire when:

  • (a) has become irrevocable since it has been granted, has expired for six months, without any action being taken by the use of the licence;

  • (b) for a year other than in the event of force majeure, no acts have been carried out using the licence;

  • (c) the granting of a licence, intended to replace the former, has entered into force.


Article 34

Compare Versions Save Relationships (...) (External Link) Permanent Link

A bankruptcy or application of the debt restructuring scheme shall have natural persons in respect of the Article 31, first paragraph, point (d) , or 33, point (b) Withdrawal or expiry of the licence shall mean a suspensive effect until the date on which the bankruptcy ceases to be applied.


§ 5. Waiver

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 35

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The mayor may, in respect of the provision of a weak-alcoholic beverage on request, waive the requirement to Article 3 prohibiting the exercise of the horeca's holding, on a special occasion designated by the decision of a very temporary nature for a continuous period of not more than 12 days, provided that the provision is made under immediate guidance of a person who:

    • (a) has reached the age of twenty-one.

    • b. is not in any sense of bad life behaviour.

    The name of this person is indicated on the waiver.

  • 2 An exemption may be granted under restrictions; rules may be subject to rules.

  • 4 The exemption, or a copy thereof, shall be available on the spot.

  • 5 A mayor may, in response to an application for exemptions provided for in this Article, for identical special occasions of a very temporary nature on an annual basis, decide to grant a single exemption, provided that the provision of weak-alcoholic beverages are in the immediate direction of the same person.


§ 6. Other provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 36

Compare Versions Save Relationships (...) (External Link) Permanent Link

The mayor is competent to deny access to that space to any person other than them who live in the space, in which alcohol is supplied in violation of this law.


Article 37 [ Expaed by 01-01-2013]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 38

Compare Versions Save Relationships (...) (External Link) Permanent Link

It shall be prohibited to supply incorrect or incomplete information in respect of an application for authorisation or for a derogation.


Article 39

Compare Versions Save Relationships (...) (External Link) Permanent Link

Where, in the interests of proper implementation of this Law, it is necessary to arrange for further arrangements to be made in this Act, it may be carried out in the case of a general measure of management.


Article 40

Compare Versions Save Relationships (...) (External Link) Permanent Link

To the extent that this law has not been defined otherwise, no provincial or municipal ordinances may be made in respect of the subject matter, in which it provides.


§ 7. Monitoring

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 41

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 With the supervision of compliance with or under this Act, the following shall be entrusted:

    • a. in the whole of the Netherlands: the officials appointed by the decision of Our Minister.

    • b. In a commune: the officials appointed by the mayor of that municipality.

  • 2 By arrangement of Our Minister, in accordance with Our Minister of Security and Justice:

    • (a) the division of tasks between the officials of the various categories referred to in the first paragraph shall be established;

    • b. may require appointment and training requirements for those officials.


Article 42

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Article 41 Officials are authorized, with a view to obtaining the necessary equipment, to enter a dwelling without the permission of the occupant, where industrial or non-alcoholic beverages are supplied to private persons or where they are supplied to them. reasonable suspicion shall be given.


Article 43

Compare Versions Save Relationships (...) (External Link) Permanent Link

Of a decision as referred to in Article 41, first paragraph, point (a) shall be notified by placing in the Official Journal.


Article 43a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Municipal Council shall, at the latest six months after the entry into force of this Article, establish an alcohol prevention and enforcement plan for the first time. Then, this plan will be concurrent every four years with the establishment of local note health policy. Article 13, second paragraph, of the Public Health Act That's fixed. The plan may be altered in the intervening period.

  • 2 The plan contains the main issues of policy regarding the prevention of alcohol consumption, particularly among young people, and enforcement of the law.

  • 3 In each case, the plan shall indicate:

    • a. What are the objectives of the prevention and enforcement policy of alcohol;

    • (b) actions to prevent alcohol consumption, in particular among young people, whether or not in connection with other prevention programmes as referred to in Article 4 (2) of the EC Treaty; Article 2, second paragraph, part d, of the Official Health Act ;

    • c. the manner in which the enforcement policy is implemented and what enforcement actions are taken in the period covered by the plan;

    • The minimum results obtained in the period covered by the plan should be achieved.


Article 44

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister and the Mayor are empowered to enforce administrative coercion to enforce the Article 5:20, 1st paragraph, of the General Law governing the administrative law obligation.


§ 8. Administrative penalty

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44a

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The amount of the administrative fine shall be determined in accordance with the rules laid down in the Annex, except that the amount of money to be paid for a separate infringement shall not exceed € 100 000.

  • 3 Infringements may not be cancelled by an administrative penalty, by way of derogation from the first paragraph, if:

    • a. The offence has the effect of a direct hazard to human health or safety;

    • b. the administrative fine provided for in the Annex to the offence is significantly exceeded by the economic advantage gained by the infringement; or

    • c. by the mayor application is given to Article 19a, first paragraph .

  • 4 The power to impose an administrative penalty shall lapse if, in respect of the offence under which the administrative penalty may be imposed by the mayor, the holder of the authorization has been informed in writing of the decision to intends to withdraw the permit.

  • 5 The penalty will be awarded to the municipality, where the offence has taken place.


Article 44aa

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 3 The penalty will be awarded to the State.


Article 44b

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of a general measure of management, an annex shall be adopted, which shall determine the amount of administrative penalty to be imposed on each infringement specified therein.

  • 2 The nomination for a general measure of directors to be adopted under paragraph 1 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.

  • 3 A general measure of administration as referred to in paragraph 1 shall be adopted on the proposal of Our Minister, in agreement with our Minister of Justice.


Article 44c [ Expired by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44d [ Expat per 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44e [ Exfell by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44f [ Expired by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44g [ Expired by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44h [ Expired by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 44i [ Expated by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 8a. Provision of criminal law

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 45

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 It is those who have not yet reached the age of 18, with the exception of those aged 16 or 17 who serve in an establishment in which the catering business is exercised, including being a barvolunteer in a hospital. establishment in the management of a joint legal person, prohibited from having an alcoholic beverage available to the public or ready for consumption, with the exception of places where business or other goods are not non-alcoholic beverage for use elsewhere than is provided on the spot.

  • 2 Infringement of the first paragraph shall be punished by a fine of the first category.

  • 3 The offences set out in this article are offences.


§ 9. Transitional and final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 46

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • (1) If the premises belonging to an establishment which were in use on 30 September 1967 for the supply of alcoholic beverages in the pursuit of the business of the catering industry or the holding company, were in conformity with the Drankwet (Stb). 1931, 476) with regard to their dimensions but are not in conformity with the requirements, on the dimensions of localities for that exercise, pursuant to Article 10 of this Act However, they shall be deemed to comply with the requirements of that Article for the exercise of that holding.

  • 2 The first paragraph shall not apply:

    • (a) if one or more of the premises of the establishment, as referred to in that paragraph, have since been reduced in any way or have undergone a change in their intended use;

    • (b) if, in the course of a year other than in the case of force majeure, the holding of the undertaking in question in the establishment after 30 September 1967 has been suspended continuously.

  • 3 The second paragraph, (a), shall not apply:

    • a. with regard to discoloration, adjusting the device as a result of Article 10 in force, other than those referred to in the first paragraph;

    • b. as regards amendments to which our Minister, considering that there are no objections from the point of view of social hygiene, has declared that the economic operator has applied that provision outside the scope of application.

  • 4 In a permit issued pursuant to the first paragraph, the localities covered by that application shall be specified.


Article 47

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The in Article 13 The prohibition shall not apply to the person who, on 30 September 1967, provides an actual alcoholic beverage for use locally and spirits elsewhere than on the spot, in a locality, for which the use of a Based on the Drankwet (Stb. 1931, 476), in so far as it relates to that locality.

  • 2 In Article 13 In addition, the ban imposed by Us should not apply to the person, who is in a locality, for which a Drankwet (Stb). In the case of a licence granted or granted, A gold issued on 30 September 1967 an actual alcoholic beverage for use on the spot and also commercial to individuals weak-alcoholic beverage for use elsewhere than on the spot. in so far as they are in simultaneous use of that locality for the supply of alcoholic beverage for use on the spot and for the business of supplying individuals with weak-alcoholic beverages drink for use elsewhere than on the spot.


Article 48

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 47 shall apply mutatis mutandis to the person who, on 1 November 1967, practising in the form of a hearing company or a grinder:

  • a. using an on him under Article 29, first paragraph, of the Drankwet (Stb. 1931, 476) or A of a person who actually exercised that holding on 30 September 1967; or

  • (b) As the righting person of a person as referred to in paragraph (a), pursues his undertaking under the Law of 14 April 1960 (Stb. 155).


Article 48a

Compare Versions Save Relationships (...) (External Link) Permanent Link

On the decisions of our Minister taken before 1 January 2013, the law applicable until that date shall continue to apply.


Article 49

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law may be cited as: Drank and Horecan law.

Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.

Given at Paleize Soestdijk, 7 October 1964

JULIANA.

The Minister for Social Affairs and Health,

G. M. J. VELDKAMP.

The Secretary of State for Economic Affairs

J. A. BAKKER.

The Minister of Justice,

Y. SHOLS.

Issued the 30th October 1964.

The Minister of Justice,

Y. SHOLS.