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Operating a catering establishment

Here you can read the conditions for operating a catering establishment

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Alcohol Act permit

An Alcohol Act permit is required for serving alcohol in a catering establishment. The permit is required for every establishment. An establishment is a location where the catering business is carried out, with the associated terraces insofar as those terraces are intended for the provision of alcoholic
drinks for on-site consumption, unless the locations are part of another enclosed space.

Conditions
  • The manager of the catering establishment has reached the age of twenty-one (21) years, is not of bad moral character, and is not under guardianship;
  • A regulation has been drawn up to ensure that the provision of alcoholic beverages is done in a responsible manner from the point of view of social hygiene;
  • The catering establishment has at least one locality with a floor area of at least 35 m2.
  • If it must reasonably be assumed that the actual situation will not be in accordance with what is stated in the application;
  • If the revoked or suspended permit prevents the granting of a new permit;
  • If the catering business is not carried out in an establishment;
  • If it should reasonably be assumed that the legal prohibitions will be violated or that actions will be taken contrary to the restrictions and regulations attached to a permit;
  • If the additional requirements set by municipal bylaw regarding the minimum surface area of the catering establishment are not met;
  • If a permit has been revoked on the basis of the Public Administration Probity Screening Act (Wet Bibob).

An objection can be filed within six weeks against a sanction. The decision on an objection usually follows within twelve weeks after the last day an objection could be filed.

If the objection is rejected, an appeal can be lodged with the court. If the administrative judge declares the appeal unfounded, a higher appeal can then be filed with the highest administrative court.

Operating permit (APV)

The permit for operating a public establishment is issued on the basis of the General Local Bylaw (Algemeen Plaatselijke Verordening).

This permit is issued by the municipality and, among other things, assesses public order, safety and the prevention of nuisance. Applying for or changing an operating permit often involves more than one thinks: from submitting the correct documents to meeting specific municipal requirements.

Conditions
  • The manager of the catering establishment has reached the age of twenty-one (21) years, is not of bad moral character, and is not under guardianship;
  • A regulation has been drawn up to ensure that the provision of alcoholic beverages is done in a responsible manner from the point of view of social hygiene;
  • The catering establishment has at least one locality with a floor area of at least 35 m2.
  • the operation of the public establishment is in conflict with the environmental plan
  • the living situation in the vicinity of the public establishment or public order is adversely affected in an impermissible manner
  • the operator or manager is in any way of bad moral character.

An objection can be filed within six weeks against a sanction. The decision on an objection usually follows within twelve weeks after the last day an objection could be filed.

If the objection is rejected, an appeal can be lodged with the court. If the administrative judge declares the appeal unfounded, a higher appeal can then be filed with the highest administrative court.