Object to Hospitality Licence in Netherlands

It's understandable that you're concerned when a new hospitality establishment is coming to your neighbourhood in the Netherlands. The prospect of noise pollution, crowds, and other problems can significantly affect your living enjoyment. Fortunately, as a resident, you have the right under Dutch law to object to a hospitality licence (horecavergunning). It's important to act quickly, as there are strict deadlines for submitting objections.

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What's happening?

When someone wants to open a hospitality establishment in the Netherlands, they need a licence from the municipality. This could be a café, restaurant, snack bar, or other hospitality business. The municipality must assess all licence applications and check whether they comply with the rules. However, as a resident, you can object if you expect the new hospitality venue to cause disruption. This can involve noise pollution, odour nuisance, traffic congestion, or other forms of disturbance. You don't have to wait until the disruption actually occurs - you can make a preventive objection under Dutch law.

What does Dutch law say?

The granting of hospitality licences falls under the Dutch Licensing and Catering Act (Drank- en Horecawet) and the General Local Regulations (Algemene Plaatselijke Verordening or APV) of your municipality. These laws give municipalities the authority to grant hospitality licences, but also to impose conditions. Interested parties, including residents, have the right to object to decisions that affect their interests. The General Administrative Law Act (Algemene wet bestuursrecht or Awb) regulates how and when you can object.

1Article 3 of the Dutch Licensing and Catering Act: municipalities can attach conditions to hospitality licences to prevent nuisance

2Article 1:2 Awb (General Administrative Law Act): you are an interested party as a resident and can object to decisions that affect your interests

3Article 6:4 Awb: objections must be submitted within 6 weeks of the decision's publication to the administrative body

What are your rights?

As a resident in the Netherlands, you have various rights when a hospitality licence is applied for in your area. These rights are designed to protect your interests under Dutch law.

1Right to information: you have the right to inspect the licence application and all accompanying documents

2Right to object: within 6 weeks of publication, you can submit a written objection to the municipality

3Right to submit views: during the processing of the application, you can submit your views

4Right to appeal: if your objection is rejected, you can appeal to the court within 6 weeks

What can you do now?

It's important to act quickly and thoughtfully. Follow these steps to properly prepare and submit your objection under Dutch law.

1Step 1: request the complete file from the municipality and carefully study the licence application

2Step 2: gather evidence of potential nuisance and involve other residents in your objection

3Step 3: within 6 weeks, submit a reasoned objection letter to the municipal executive (college van B&W) of your municipality

4Step 4: consider legal assistance if your objection is rejected and you want to file an appeal

Template or sample letter

A well-written objection letter is crucial for the success of your case under Dutch law. It must contain all the correct elements and be legally formulated. MijnRecht.AI can help you draft a professional objection letter specifically tailored to your situation and the potential nuisance you expect as an expat in the Netherlands.

Where can you get help?

For questions and help with objecting to a hospitality licence in the Netherlands, you can contact the Legal Counter (Juridisch Loket) for free legal advice, the municipality where you live for information about the procedure, a lawyer specialising in administrative law for complex cases, or the court for appeal procedures. Local residents' associations can also provide valuable support for expats navigating Dutch administrative law.

Conclusion

Objecting to a hospitality licence is your right as a resident in the Netherlands. With proper preparation and a strong objection letter, you have a good chance of protecting your interests under Dutch law. Remember that strict deadlines apply, so don't wait too long to take action as an expat navigating the Dutch administrative system.

Frequently Asked Questions

How long do I have to object to a hospitality licence in the Netherlands?

Can I object if the licence has already been granted?

What types of nuisance can I use as arguments?

Does it cost money to object?

Can multiple residents object together?

What happens during the processing of my objection?

Can the municipality still impose conditions on the licence?

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