Tolerance Policy for Coffeeshops in Tilburg

Tolerance Policy for Coffeeshops in Tilburg

The tolerance policy for coffeeshops in Tilburg follows the unique Dutch model, whereby the Municipality of Tilburg and the Public Prosecution Service (PPS) tolerate coffeeshops for the sale of limited quantities of soft drugs to adults, despite the prohibition under the Opium Act. This helps reduce nuisance in neighborhoods such as the city center or Oud-Zuid and keeps drug trafficking under control.

What does the tolerance policy for coffeeshops in Tilburg entail?

In Tilburg, the police and PPS enforce Opium Act violations but do not close coffeeshops if they comply with local rules. This policy, which began in the 1970s, removes the sale of cannabis and hashish from the criminal circuit and limits disruption for Tilburg residents. Production and wholesale remain illegal and are addressed by the police and the District Court of Zeeland-West-Brabant in Breda.

The Municipality of Tilburg determines the number of coffeeshops and issues operating permits via the Public Spaces By-law (APV). It follows national standards but is tailored to local needs, such as through a tolerance decision in administrative law. For advice: contact the Legal Aid Office Tilburg. More about tolerance policy.

Legal basis

The Opium Act (1928, last amended) forms the core: Article 3 divides drugs into List I (hard drugs) and List II (soft drugs such as cannabis). Sales and production are punishable (Articles 10-11). The tolerance policy is a PPS guideline: AHO-56 from the Board of Procurators General, setting conditions for non-prosecution.

The Municipality of Tilburg supplements this with its own coffeeshop policy in the APV or tolerance decisions. European law, such as the Court of Justice ruling 'Cannabis coffeeshops' (2010), supports this as long as it does not hinder trade.

Conditions for coffeeshops in Tilburg

Coffeeshops must meet the AHO-56 criteria:

• No nuisance: No noise, litter, or public order disturbances in Tilburg streets.
• No sales to minors: Strict ID checks from age 18.
• Max. 5 grams per person: Per transaction, no on-premises consumption.
• Only soft drugs: No hard drugs.
• No advertising: No promotion to foreigners.
• Stock visible: Behind the counter for police inspection.

Additional Tilburg rules: maximum coffeeshops per resident (approx. 1 per 5,000) and prohibited in sensitive areas such as Westermarkt.

Practice in Tilburg and surrounding areas

Tilburg has around 12 tolerated coffeeshops, regulated by the municipal 'Coffeeshop Policy Tilburg'. Example: in 2021, the municipality revoked the tolerance decision for 'Green Spot' due to nuisance and sales to tourists, leading to closure via administrative enforcement (Article 174 Municipalities Act).

In contrast to zero-tolerance in villages, North Brabant is testing closed supply chain experiments. Violations are handled by the District Court of Zeeland-West-Brabant in Breda.

Rights and obligations of operators in Tilburg

Obligations:

1. Compliance with AHO-56 and Municipality of Tilburg rules.
2. Maintain records of ID checks.
3. Report changes to the municipality.

Rights:

• Protection against expropriation (ECHR Protocol 1).
• Objection and appeal against revocation (General Administrative Law Act Article 7:1).
• No prosecution if compliant.

In case of issues: penalty payment or revocation (General Administrative Law Act Article 5:25).

Comparison of coffeeshop tolerance policies

Frequently asked questions