Scarce
licences
A tolerance declaration is not a licence under the EU Services Directive. Scarcity arises because municipalities cap the number themselves — and that does not create an obligation to run lotteries or periodic redistribution. Norm-setting is possible instead of capping.
Yes, a municipality can set a maximum, but that is a policy choice, not an obligation. Because the municipality creates the scarcity itself, it must be able to justify why a numerical cap is necessary and proportionate. We advocate setting standards — requirements for business operations, safety and surroundings — instead of capping numbers.
BCD position: Capping is a policy choice, not an obligation. We advocate setting standards instead of capping: requirements for business operations, safety and surroundings rather than a numerical ceiling.
Jump to
Legal framework
What is and is not legally required.
Capping or norm-setting
The municipal choice and its consequences.
Our position & case file
Our arguments, solutions and correspondence.
A coffeeshop operates on the basis of a tolerance declaration, not a licence. The EU Services Directive does not apply (Council of State 13 September 2023, ECLI:NL:RVS:2023:3431; District Court Midden-Nederland 12 December 2025, ECLI:NL:RBMNE:2025:7604). There is therefore no EU-law obligation to periodically redistribute tolerance declarations.
Scarcity only arises when a municipality itself caps the number of tolerance declarations. That choice must be substantiated as current, necessary and proportionate (arts. 3:2, 3:4(2) and 3:46 General Administrative Law Act), including the consequences for existing businesses.
Our alternative: norm-setting instead of capping. A municipality can retain control through location, distribution and operating conditions in the environmental plan and local by-laws, without creating a numerical ceiling in advance.
Sources
- Afdeling bestuursrechtspraak Raad van State, 13 september 2023ECLI:NL:RVS:2023:3431 — a tolerance statement is not a permit within the meaning of the Services Directive
- Rechtbank Limburg / Heerlen, 2025Ruling on the municipal tolerance statement: Services Directive not applicable, but a limited term for the statementNo direct source link included yet
- VNG-handreiking Schaarse vergunningen (oktober 2024)Starts with the policy choice: first the question whether a cap is necessary and proportionateNo direct source link included yet
- Inspraakbijdrage BCD, gemeenteraad Amersfoort, 16 september 2025Meeting 1371950, Amersfoort council informationNo direct source link included yet
Related dossiers
Cite this page: https://coffeeshopbond.nl/en/publicaties/schaarse-vergunningen
Sources and presentation updated: 27 September 2026.
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How to followThe Coffeeshopbeleid monitor helps you follow municipal profiles and licensing procedures. Whether a licence is actually open for applications can only be confirmed by the municipality's official publication; the monitor does not guarantee that a licence is available. The monitor is published by Het Strategiebureau, an initiative of Simone van Breda, who is also chair of our association.