Part of: Scarce licences
Our alternative: control through the environmental plan, distribution and operating conditions — without an artificial numerical ceiling.
Control is possible without capping
Municipalities want a grip on location, distribution and liveability. That is legitimate — but a numerical ceiling is not needed for it. Our alternative is norm-setting: set requirements on where and how a coffeeshop may operate, instead of deciding in advance how many there may be.
How norm-setting works
- Environmental plan: determine in which areas and at which locations a coffeeshop is permitted, with distance requirements to sensitive functions (cf. Council of State 6 April 2022, ECLI:NL:RVS:2022:1001).
- Distribution: prevent concentration through distance norms between outlets, without fixing a total number.
- Operating conditions: opening hours, supervision, security, noise, traffic flows and complaint handling through the by-laws and the operating licence.
- Enforcement: act against concrete nuisance and violations — where the problem actually occurs.
Why this is the stronger legal route
Norm-setting is less intrusive than capping and does not threaten the continued existence of established businesses. It therefore passes the proportionality test of art. 3:4(2) General Administrative Law Act more easily than a ceiling that periodically renders rights uncertain. It also avoids the risk that the municipality creates scarcity itself and thereby triggers requirements of transparency and equal opportunity.
Our practical line remains: permissions for an indefinite period, or for a fixed term with automatic renewal, taking account of investment payback periods, long-term obligations and local embeddedness.