The Alcohol Licensing and Catering Act (Drank- en Horecawet, DHW) represents one of the most comprehensive legal instruments in the Netherlands for maintaining public order and safety. Its primary objective extends to regulating the sale and consumption of alcoholic beverages while simultaneously placing the operation of hospitality establishments under a strict supervisory framework. This supervision is far from merely administrative; it is essential for protecting society from both the direct and indirect consequences of excessive alcohol consumption, including violence, vandalism, and other forms of social disruption. Hospitality operators bear a particular responsibility, as their actions directly impact public spaces and the safety of patrons. Failure to comply with statutory requirements can result not only in administrative sanctions but also in severe repercussions for the community as a whole, where citizens and visitors may suffer direct harm due to negligent or risky conduct.
In the context of organized crime and societal undermining, the DHW also functions as a crucial instrument for addressing vulnerabilities within the community. Hospitality venues often serve as entry points for criminal activities such as drug trafficking, human trafficking, and money laundering. By enforcing strict licensing requirements, meticulous supervision, and a clear sanctioning framework, the Act enables authorities to prevent such undesirable influences from permeating society. At the same time, the law safeguards legal rights, emphasizing the importance of proportionality and careful decision-making. Operators who breach the law not only place themselves at risk but can also create victims in the form of customers or residents affected by their negligence. The DHW empowers local authorities to act swiftly and decisively, which is essential in a society where disturbances and criminal infiltration increasingly take complex forms.
Legal Basis & Competent Authority
The Alcohol Licensing and Catering Act is grounded in national legislation that explicitly defines the powers of municipal authorities. The mayor serves as the primary competent authority, operating within a legal framework established under Article 174 of the Municipal Act regarding public establishments. This implies that all actions related to licensing, supervision, and enforcement directly pertain to safeguarding public order and safety. Operating a hospitality business or liquor store without a license is strictly prohibited, and violations may lead to administrative or criminal prosecution. The municipal council can establish additional rules through the General Local Ordinance (APV), allowing national legislation to be tailored to the specific risks and dynamics of a municipality. The decentralized implementation ensures that enforcement is effectively aligned with local contexts, while police and supervisory officers provide supporting oversight.
The mayor possesses a wide range of enforcement tools, including the imposition of administrative fines, the suspension or revocation of licenses, and the application of coercive measures or injunctions. These powers are essential for correcting operators who fail to meet legal requirements and thereby endanger public order. In extreme cases of persistent violations, the mayor can intervene to immediately cease operations, thereby protecting society from risks arising from malpractice in hospitality establishments. It is crucial that these enforcement measures are applied proportionally and carefully, balancing the interests of the operator against the fundamental importance of public order and safety.
The DHW also has a preventive function. By mandating licenses and assessing the reliability and competence of managers, a first line of defense is created to exclude untrustworthy parties from the sector. This preventive screening protects both consumers and the wider community from potential risks associated with criminal activity and mismanagement in hospitality venues. The combination of decentralized supervision with national standards enables municipalities to maintain an appropriate balance between individual entrepreneurial freedom and collective safety, which is essential for preventing incidents that cause direct or indirect harm to citizens.
The Act also facilitates inter-agency cooperation, where police, the Public Prosecution Service, and municipal supervisory authorities act jointly to address violations. This integrated supervision mechanism strengthens enforcement and increases the likelihood of timely intervention, preventing potential escalations. The combination of preventive screening, strict oversight, and swift sanctions renders the DHW a robust legal instrument for maintaining order and safety in public spaces, with a clear focus on preventing criminal infiltration and protecting society from the adverse effects of alcohol-related misconduct.
Licensing
Licensing under the Alcohol Licensing and Catering Act requires that each operator of a hospitality business or liquor store meets strict criteria. Obtaining a license is not merely an administrative formality but a complex process in which the reliability and competence of the management are central. Municipalities assess antecedents to ensure that those responsible for operations have not previously acted in violation of the law and do not pose a risk to public order or safety. This assessment applies not only at an individual level but also to the organization as a whole, with prior violations or license revocations being significant factors. If an operator or manager does not meet these requirements, the application may be denied, with the decision falling under the General Administrative Law Act (Awb).
Licenses are tied to both the location and the operator, meaning each establishment must be individually assessed. This allows municipalities to apply tailored measures and intervene in areas where specific risks arise, such as clusters of nightlife venues or vulnerable residential neighborhoods. The APV may impose additional requirements, such as closing hours or measures to prevent public nuisance, integrating local policy with national regulation. Keeping the licensing register publicly accessible also enhances societal oversight, giving residents and authorities insight into who is authorized to sell alcohol and under what conditions.
The licensing process also functions as a safeguard against criminal infiltration. By imposing strict requirements on managers and establishments, it prevents hospitality venues from becoming havens for illicit activity. Emphasizing reliability and professional competence ensures that individuals previously involved in serious violations or criminal conduct cannot enter the sector. In this way, the licensing system directly contributes to reducing risks for visitors, staff, and residents, while preserving the integrity of the hospitality industry.
Suspension & Revocation
License suspension or revocation is a severe instrument available to the mayor in response to violations of the Alcohol Licensing and Catering Act. Revocation is primarily used in cases of persistent issues that threaten public order or safety, ranging from repeated breaches of alcohol regulations to serious incidents involving violence or disturbances within a venue. Suspension, on the other hand, serves as a temporary measure for less severe violations, with a maximum duration of twelve weeks. Both decisions are governed by the Awb, allowing affected parties to file objections and appeals. Application of suspension or revocation must always be proportional and carefully considered, weighing the severity of the violation, societal impact, and the responsibility of the operator.
Beyond immediate protection of public order, the possibility of suspension or revocation has a preventive effect. The threat of such measures encourages operators to comply with legal requirements, actively limiting risky situations within hospitality establishments. In extreme cases, the mayor may apply coercive enforcement to mandate immediate closure, serving as a powerful tool against businesses that significantly endanger the safety of patrons and residents. The combination of suspension, revocation, and coercive measures allows swift action in response to acute threats and persistent problems, which is crucial in preventing escalation in high-risk hospitality venues.
The principle of proportionality is fundamental in the application of suspension and revocation. Operators must not be excessively penalized for minor infractions, yet societal protection must prevail when serious disturbances occur. Balancing entrepreneurial freedom and collective safety is complex, as each decision directly affects the operator, their staff, and patrons. Proper application of these measures ensures that enforcement protects society without unnecessarily infringing on the legal rights of individual operators, while effectively maintaining public order.
Enforcement Tools
Enforcement under the Alcohol Licensing and Catering Act is multifaceted, providing the mayor with a broad array of measures. Administrative fines are a direct and effective means of penalizing violations and serve as a clear deterrent for operators. Injunctions or coercive enforcement allow immediate correction of infractions, such as closing a venue that poses serious threats to safety or order. In cases of repeated violations, such as three offenses involving alcohol provision to minors under 18 within one year, a temporary total sales ban may be imposed, reducing societal harm and emphasizing the operator’s responsibility.
Supervisory officers, including BOAs and police, play a critical role in monitoring compliance. Inspections and controls enable early intervention to prevent escalation. Enforcement measures focus primarily on operators, ensuring protection for visitors and society. Sanctions must adhere to principles of proportionality and subsidiarity so that measures do not exceed what is necessary to safeguard order and safety. In severe cases, criminal prosecution provides an additional enforcement avenue, underlining the gravity of violations and sending a strong signal to the sector.
Integrating enforcement with preventive policy enhances the effectiveness of the DHW. By establishing clear rules, ensuring transparency in licensing, and applying rigorous oversight mechanisms, a coherent approach to alcohol-related disturbances and criminal infiltration is created. The objective is not only to punish violations but also to protect vulnerable groups, prevent escalation in high-risk areas, and ensure a safe social environment. Enforcement under the DHW is therefore both reactive and preventive, placing society and its vulnerable members at the center of the supervisory and sanctioning framework.
Alcohol and Youth
Protecting minors from alcohol consumption is a core component of the Alcohol Licensing and Catering Act. The law explicitly prohibits the sale and provision of alcohol to persons under 18, with violations subject to severe penalties. Minors are also prohibited from possessing alcohol in public spaces, including streets, stations, stadiums, and shopping centers. Supermarkets and liquor stores are subject to additional regulations, but the preventive and punitive approach applies across all venues to curb underage consumption. Enforcement is carried out by municipal supervisory officers and police, with the protection of public health and order as the primary objective.
Businesses that provide alcohol to minors risk significant sanctions, including temporary sales bans for repeated offenses. These measures are directly linked to preventing societal harm, such as alcohol-related incidents, violence, or property damage. Legal requirements are therefore not abstract norms but concrete tools to protect society from the negative effects of underage alcohol consumption.
Monitoring compliance among minors is also an integral part of broader efforts to prevent criminal infiltration. Hospitality venues that act negligently or deliberately violate the law create opportunities for criminal activity and pose a high-risk environment for vulnerable groups. Through strict enforcement, preventive measures, and clear sanctions, both operators and minors are protected, public order is maintained, and societal harm is minimized. This policy serves as a strategic instrument to identify risks early and prevent escalation, which is especially important in urban nightlife areas with a high concentration of young people.
Local Policy and Regulation
Local alcohol policy serves as an indispensable instrument for effectively implementing the national provisions of the Drank- en Horecawet within the specific context of a municipality. The municipal council is obliged to establish a regulation that includes rules on paracommercial activities, days and times for alcohol distribution, and distinctions according to the type of organization. Sports clubs, student associations, and community centers can each be regulated separately, allowing for tailored measures that address local risks and needs. Municipal policy also provides the mayor with the authority to grant temporary exemptions, up to a maximum of twelve days per year, offering flexibility without compromising public order and safety.
Additionally, the regulation can include specific rules regarding pricing actions and promotional activities such as “happy hours,” allowing municipalities to intervene to prevent alcohol-related disturbances. This gives local authorities the tools to act proactively against situations that may lead to escalation, such as excessive alcohol consumption over a short period. By establishing a clear framework through the council and implementing it through the mayor, consistent and effective enforcement is achieved, ensuring that both operators and visitors understand the applicable standards and the risks associated with non-compliance.
Local policy also has a preventive character in relation to undermining activities. By linking local rules with supervision and enforcement, potential violations that pose risks to public order can be addressed early. Distinguishing between different types of organizations allows attention to be paid to vulnerable groups and high-risk locations, while also ensuring the continuity of community life. The integration of local regulations, oversight, and sanctions creates a robust mechanism for managing risks and preventing incidents with societal impact.
Public Order and Safety
The Drank- en Horecawet serves not only health purposes but primarily functions as an instrument to protect public order and safety. Hospitality venues are high-risk environments where alcohol consumption can lead to escalations of violence, vandalism, and other disturbances. The mayor holds the responsibility to ensure a safe environment in and around these establishments. In cases of structural incidents, this can result in the revocation of licenses or temporary closures through administrative enforcement. Compliance monitoring is intensive and requires close collaboration between the police, municipal inspectors, the Public Prosecution Service, and health authorities such as the GGD.
Alcohol regulations in this context are not solely preventive for health reasons but explicitly aim to prevent escalation and disruption of public order. In entertainment districts with high concentrations of hospitality venues, enforcement is intensive, with targeted inspections, controls, and sanctions to reduce risks. Operators who are negligent or in violation pose a direct threat to the safety of visitors and residents, as their actions or omissions can cause societal harm. The intervention of the mayor and enforcement officers is therefore crucial in maintaining a safe social environment.
The law enables structural problems to be addressed through measures such as temporary closures or sales bans and provides a mechanism for rapid intervention in acute threats. This enforcement toolkit helps minimize risks arising from alcohol-related misconduct and undermining activities, such as drug trafficking or organized crime that may operate within hospitality venues. The focus is on proportionality and careful implementation, ensuring that measures are effective without unnecessarily infringing on the legal protection of operators.
Paracommercial Activities
Paracommercial activities, such as those of sports clubs, student associations, and clubhouses, are also subject to supervision under the Drank- en Horecawet, with specific local regulations enacted through municipal ordinances. These regulations focus on opening hours, alcohol distribution, and the target groups to whom alcohol may be supplied. Mayors can grant temporary exemptions, but strict compliance is required to prevent disturbances and alcohol misuse. Supervision is carried out by municipal enforcement officers (BOAs) and police, with particular emphasis on protecting youth and public order.
Paracommercial policy requires a delicate balance between supporting community life and protecting society from incidents and undermining activities. By establishing clear frameworks and enforcing supervision, the operation of paracommercial venues is regulated without unduly restricting community activities. At the same time, repeated or serious violations can trigger interventions, such as license revocation, temporary closure, or other sanctions, ensuring that the balance between freedom and safety is maintained.
Paracommercial venues can also become entry points for risky activities if supervision and regulation are lacking. Strict enforcement and preventive measures help prevent young people or other vulnerable groups from being exposed to alcohol-related disturbances or criminal influences. Municipal policy thus functions as a protective instrument for public order and societal well-being, placing responsibility on operators and ensuring that violations are consistently addressed.
Legal Protection
Decisions by the mayor regarding license issuance, revocation, or suspension are administrative acts under the General Administrative Law Act (Awb), allowing stakeholders to utilize objection and appeal procedures. Operators must be heard for significant decisions, ensuring procedural fairness and due process. Residents or other stakeholders can also object to decisions, with courts reviewing proportionality, diligence, and the overarching public interest in order and safety. For urgent situations, provisional measures can be applied to allow rapid intervention without compromising legal protection.
Legal protection also extends to compensation for unlawful decisions. If a mayor’s decision is not taken proportionally or diligently, operators may claim compensation. Judicial review includes European law aspects, such as Article 1 of Protocol No. 1 to the European Convention on Human Rights (ECHR), which protects property rights. This creates a balance between the necessity of enforcement and the rights of those affected.
Such protection serves as a mechanism for oversight and legitimacy of enforcement policy. By providing objection and appeal procedures, arbitrary or disproportionate decisions are prevented while necessary public order, safety, and health protection can be effectively maintained. Legal protection and enforcement are therefore complementary rather than contradictory, ensuring a socially responsible and legally sound alcohol policy.
Sanctions and Administrative Fines
The sanction framework of the Drank- en Horecawet provides a wide range of tools for mayors to penalize violations. Administrative fines are a direct and effective instrument, with amounts depending on the severity of the violation and the number of prior offenses. High fines are particularly imposed for sales to individuals under 18, reinforcing the preventive effect of a prompt-response approach. Beyond fines, mayors can apply additional sanctions, such as orders under penalty, administrative enforcement, temporary closures, or sales bans, depending on the nature and severity of the violation.
The purpose of these sanctions is twofold: to restore order and protect society from the risks of alcohol misuse, and to deter operators who are negligent or unreliable. Consistent application of fines and other measures sends a clear signal that violations carry consequences. This enforcement system strengthens the integrity of the hospitality sector, protects visitors, and prevents venues from becoming gateways for undermining activities or criminal influence.
Administrative fines and other sanctions also have an important preventive function for the sector as a whole. The risk of significant financial penalties, temporary closures, or sales bans encourages operators to actively implement measures to comply with the law. In combination with supervision, licensing, and legal protection, this creates a robust framework that safeguards public order and safety in urban and high-risk areas. This not only prevents direct harm to visitors and residents but also sends a broader message about the societal responsibility of hospitality operators and their role in preventing undermining activities.
