A few weeks ago, the Senate approved an amendment to the Alcohol and Catering Act (DHW). This law will henceforth be referred to as the "Alcohol Act. Most of the rules in the Alcohol Act pertain to administrative law. Violation of these can be punished by the imposition of an administrative fine. Nevertheless, the Alcohol Law is also interesting in the area of criminal law. We have listed the most important administrative and criminal law changes for you.
Possession of alcohol by minors is punishable by law
It is punishable for minors to have alcoholic beverages present in public. Violation of this is punishable by a fine of up to €435. This does not apply to 14- and 15-year-old VMBO students who serve alcoholic beverages during a catering internship. They are not punishable.
Adults passing alcohol to minors punishable by law
In addition, with the Alcohol Act, a new criminalization comes into the picture. Thus, passing alcohol to minors becomes punishable. It is prohibited for an adult to provide alcohol to a minor in public. Violation of this can result in a fine of up to €435. So, as a twenty-year-old in the soccer canteen getting a beer for your sixteen-year-old teammate becomes punishable. So watch out for that!
In addition, it remains prohibited to provide alcohol commercially or for payment to a person who has not been determined to be 18+. Also prohibited is selling alcohol to an adult, while this beverage is intended for someone who has not been determined to be 18+. This criminalization is thus aimed at the entrepreneur.
Administering alcoholic beverages
Finally, an amendment to the Penal Code is taking place. According to Article 252, it is prohibited to give or sell alcoholic beverages to a person who is visibly intoxicated. It is also punishable to make a minor drunk. The age limit is changed from 16 to 18 years old with the amendment of the law. Finally, it is illegal to force someone to consume alcohol by (threat of) violence. If you are guilty of these behaviors, you can be punished with imprisonment for up to nine months or a fine of €8,700. If your actions result in serious physical injury or even death, the court can impose a prison sentence of up to nine years. Hospitality entrepreneurs can also be disqualified from practicing their profession.
Administrative consequences Alcohol Act
The Alcohol Act also makes several changes at the administrative level. For example, price promotions with more than 25% discounts are no longer allowed. There will also be rules for remote sales of alcoholic beverages. For example, an age verification system will be used. In addition, in certain cases, municipalities can designate an area as a so-called alcohol nuisance area. In this way, the sale of alcoholic beverages can be restricted. Upon repeated non-compliance with certain rules, the mayor can deny a (liquor) business the authority to sell alcoholic beverages. The duration of such a denial can be up to twelve weeks. In the context of a possible Bibob procedure, it is also important that the owners and staff of bars, restaurants and liquor stores do not have a criminal past and are of good conduct.
Our advice is: watch out when giving or selling alcohol to another person. Have you still been guilty of violating the Alcohol Law or criminal law? Our criminal lawyers will be happy to help you. If you are curious about what we can do for you, please contact us without obligation.
