Policy paper on trading pitches

Contents

• • Introduction
  • Types of pitches
  • Legal framework
  • Further provisions concerning permanent sites
  • Further provisions concerning temporary sites
  • Supervision and Enforcement
  • Annexes

 

 

Introduction

Objective

The purpose of this paper is to set out the assessment framework for evaluating applications for a trading licence. This policy framework therefore supplements the regulations set out in the General Local By-laws (APV) and the retail strategy. Another aim is to gain and maintain control over the locations of trading pitches and the number of trading pitches.
The formal adoption of this policy document on trading locations provides legal certainty for traders (including itinerant traders) and clarifies the process for enforcement officers, local residents, other stakeholders and licensing authorities regarding the granting of licences, the assessment of applications and enforcement.
Finally, the policy document aims to ensure that, by establishing a clear policy framework – and thus a straightforward procedure for processing applications – the processing time for applications for a trading licence is reduced.

General

The sale of goods such as flowers, dairy products, fish, ice cream or clothing from stalls in public spaces is, in many local authorities, a long-established and indispensable activity. It brings the city to life, enhances the appeal of public spaces, meets consumer demand and helps to create jobs.
A licensing scheme applies to the occupation of outdoor trading pitches, with the aim of maintaining public order and safety. This is because trading pitches can cause nuisance or disruption. Furthermore, the licensing requirement prevents the uncontrolled proliferation of trading pitches, which would render public spaces unusable for other activities.

Definition of ‘site’

The term “trading post” is defined as: “a location accessible to the public and situated in the open air where goods are offered for sale, goods are supplied or services are provided by means of a vehicle, a stall, a table or any other means.” Stalls may be non-commercial or commercial. Non-commercial stalls are set up to provide information and/or to promote a cause. Commercial trading posts are operated for profit. In addition to the distinction between non-commercial and commercial trading posts, there is also a distinction between permanent and occasional trading posts. This distinction relates to the number of days the trading post is occupied during the year (see Chapter 2 for further details).

Problem statement

The municipality of Apeldoorn is receiving an increasing number of requests to grant licences for permanent or temporary trading pitches for promotional purposes. Permanent stalls can be economically attractive for business owners as they allow them to respond flexibly to customer demand at different locations and at different times. Owing to this economic appeal, most applications for stalls are submitted for Thursday to Saturday inclusive.
Established shopkeepers (who often have to bear high operating costs) generally prefer the local authority to adopt a cautious approach. They see street traders primarily as a complement to the existing range of shops they already offer.

The current policy on trading pitches was explicitly reviewed in 2010 and early 2011 in consultation with various parties, including the Apeldoorn Entrepreneurs’ Federation (FAO), the Apeldoorn City Centre Entrepreneurs (BOA), the Central Association of Street Traders (CVAH) and various departments within the municipality of Apeldoorn. It was concluded that the 2004 street trading policy was in need of an update. The following points were identified as areas for consideration in a new 2011 policy document, in comparison with the 2004 street trading policy:

• A large number of market stalls are increasingly taking on a permanent character, making them more akin to a regular shop. This is an undesirable situation because market stalls are primarily intended to complement the existing range of shops;
• An increasing number of market stalls are appearing at a number of locations near shopping centres. The retail strategy does not explicitly address market stalls. In addition to the retail strategy, there is a need to regulate the number of market stalls in order to align with the objectives set out in the retail structure;
• There is a need for clarity regarding the enforcement policy applied by the local authority in relation to trading pitches;
• There is a need to incorporate recent case law into the grounds for refusing a trading licence. This case law provides a better understanding of the underlying reasons for refusing or granting a licence;
• Additional policies are needed for a number of specific trading locations, such as car windscreen repair points and locations used for promotional purposes, in order to prevent negative effects (parking pressure, strain on the local area). A policy framework provides guidelines for assessing applications for specific trading locations.
• The request is to grant a licence for an indefinite period. If this option is not chosen, the request is to clarify how the so-called “right of first refusal” will be handled after the five-year licence period. This policy framework stipulates that licences are granted for an indefinite period. Furthermore, the guidelines for revoking trading licence permits are explicitly set out.

The points for consideration set out above are elaborated upon in various sections of the new 2011 policy document on trading pitches, which is now before you. In this context, and in light of the council’s work programme and the general interests of deregulation and reducing the administrative burden, explicit attention has been paid to the actual necessity of imposing additional rules on (certain) trading posts or trading post locations.

Reading guide

Following the introduction, Chapter 2 will explain the different types of trading pitches. The legal framework within which the trading post policy operates is set out in Chapter 3. The actual policy framework, in the form of detailed provisions, is elaborated in Chapters 4 and 5. Finally, Chapter 6 deals with enforcement in relation to trading posts.

Scope of the policy

All types of pitches fall within the scope of this memorandum.
An exception to this is a temporary sales stall set up on the event site as part of an event. An example of this is a food stall at major music events in the city.
Stall licences relating to the goods market also fall outside the scope of this memorandum. This is because Article 5.2.3, paragraph 4, of the APV excludes permanent pitches at a goods market and events from the stall licensing scheme. Finally, street vending, as a form of itinerant trade, is not covered by this policy either; separate rules governing this are set out in Article 5.2.2 of the APV.

Types of Pitches

Section 1.2 provides a definition of the term ‘pitches’. In practice, a number of different types of pitches are distinguished which require further explanation. An overview is provided below

Permanent base

A permanent stall is one that is occupied for one or more days a week over the course of a year. Examples include a permanent fish stall, snack stall or flower stall at a local shopping centre.
The trading licence is granted on a “first come, first served” basis. The trading licence sets out regulations concerning transferability, dimensions, cleanliness, opening hours, fire safety, etc.
The pedestrian zone in the city centre occupies a special place. No new fixed or permanent trading pitches will be allocated within the pedestrian zone. Pedestrian traffic, shop deliveries, displays, wedding ceremonies, access for emergency services and the visual appearance of the shopping centre make this undesirable.
Temporary seasonal pitches may also be classified as permanent pitches. This refers to (intended) use by a pitch holder for a specific period, up to
a maximum of two months. Examples include stalls selling oliebollen in the city centre, the “t Fort shopping centre and the Anklaar shopping centre.

Temporary posting

The term ‘occasional site’ covers a number of temporary sites that vary considerably in nature. Occasional sites are intended to be used for no more than a few days a year. Below is an overview of the different types of occasional sites.

Stand for promotional purposes

A promotional stand is a stand from which free food or drink, items or other materials are distributed to shoppers.

Occasional market stalls

A temporary sales stall can take various forms. Examples include the sale of retail goods outside a shop, a stall set up whilst a shop premises is being refurbished, or a refreshment stall by the Canal.

Ideal locations

A special type of temporary stall is the charity stall. This is a stall set up for the distribution or sale of printed or written materials. Examples include fundraising for charities such as the World Wildlife Fund and Natuurmonumenten, as well as stalls supporting causes such as breast cancer research.

Special (service) locations

This concerns a site for commercial service activities. In recent years, we have received an increasing number of applications for this purpose. The reason for this is that service providers wish to expand their services by offering them close to their target audience. Examples include the ‘hearing bus’, consumer product testing and mobile units operated by insurance companies or banks.
In the case of temporary trading pitches, a distinction is made between the commercial and non-commercial offering of goods and/or services. Many applications are received for temporary commercial trading pitches in the city centre. However, the number of options for this is limited, as it is not desirable for trading pitches to be set up in front of shop windows. To prevent disruption to public order and safety and to avoid overcrowding in the city centre, only Raadhuisplein and Marktplein are suitable as locations that can be used regularly for this purpose throughout the calendar year. In very exceptional cases, alternative locations may be used, such as the small square in front of the Oranjerie, Leienplein or Stationsplein.

Legal framework

Introduction

The legal framework (the General Local By-law and supplementary policy frameworks) determines how applications for trading pitches are assessed. This is explained in more detail in this chapter.

General Local By-law (APV)

The occupation of a trading pitch is governed by Article 5.2.3 of the APV. This provision prohibits the sale of goods from a fixed location in a public space without a licence from the mayor and aldermen. A licence is therefore required to occupy a trading pitch. Article 5.2.3(5) of the APV sets out the grounds for refusing trading pitches, against which applications are assessed.

Explanation of the grounds for refusal set out in the APV

Under Article 5.2.3(5) of the APV, an application for a licence for a permanent trading pitch may be rejected. A licence may be refused:

1. in the interests of public order;
2. in the interests of preventing or minimising nuisance;
3. in the interests of preserving the visual character of the local area;
4. in the interests of freedom of movement or road safety;
5. where, as a result of exceptional circumstances in the municipality or in part of the municipality, it can reasonably be expected that granting the licence would jeopardise a reasonable standard of care for local consumers;
6. due to a conflict with a current local development plan

A trading licence is granted if the application is approved following an assessment against the above grounds for refusal.

Further explanation of the assessment criteria for the APV

1. The importance of public order

Public order refers to the normal course of social life in a particular place and under given circumstances. The criterion of public order is often applied in conjunction with the aim of limiting or preventing nuisance and ensuring road safety.
Each application will be assessed to determine whether the interests of public order are of such significance that a licence must be refused, or whether a licence may be granted subject to conditions relating to public order. If, when an application for a trading licence is submitted, there is a suspicion that the product or the trader could in any way disrupt public order, a reasoned opinion will be sought from the Public Space Supervision and Enforcement Team (THOR). If desired, the trader may be asked to provide a certificate of good conduct from the criminal records register.

2. The importance of preventing or minimising nuisance

Having multiple stalls at the same location may cause a nuisance. In shopping centres, a maximum of five stalls are permitted at any one time. Case law indicates that six or more stalls constitute a market. Cooking and frying at a stall may also cause a nuisance. The Activities Decree contains a number of provisions, including those relating to the emission of cooking fumes. However, these are not provisions on the basis of which a trading pitch licence can be refused.
A trading licence may, however, be refused if the food stall to be set up does not have a safe cooking installation. In order to assess this, stallholders who wish to cook or fry using gas must provide a certificate from an approved installation agency or company.

3. The importance of preserving the visual character of the local area

During the assessment, this ground for refusal may be applied if one or more stalls are situated in such a way that the streetscape is seriously disrupted. This ground for refusal serves to safeguard the appearance of listed buildings or *urban ensembles*. When assessing the application, consideration will be given to whether the trading pitch obstructs sightlines or is situated in front of or against listed buildings or works of art. Once the stall has been removed, no traces may remain, such as connection, tap and drainage points, which are designed in an aesthetically unacceptable manner. In addition to the requirements for the stall, the stallholder will be required to use a sales unit that is in a good state of repair.
Where there is cause to do so (e.g. at the Stationsplein site, where a high standard of urban design is required), the Environmental Quality Committee will be asked for advice on both the location and the layout of the sales outlet.

*Urban ensembles: a spatial unit/sub-area. Within spatial units/sub-areas, the overall character of the whole must be maintained. In this regard, consideration is given to the context (relating to the original elements), concept (relating to the design principle or strategy), structure (relating to the shaping of the topography), land subdivision (relating to the filling in of the structure) and character (relating to the specific characteristics of an area).

4. Importance of freedom of movement or road safety

In practice, stalls where goods are offered for sale tend to attract traffic. This ability to attract traffic may lead to undesirable pedestrian crossings, blockage of footpaths and unauthorised cycle traffic in pedestrian areas. A stall may take up too many parking spaces; furthermore, vehicles that are parking or are parked may cause a nuisance in the immediate vicinity or compromise road safety by obstructing visibility. In the interests of road safety, it is therefore not possible to set up a stall just anywhere. Ensuring accessibility by car, maintaining traffic flow, and the ability to deliver the products for sale are all factors taken into account when assessing an application.

5. Level of facilities

This ground for refusal applies only to permanent pitches. A refusal to grant a licence to occupy a permanent pitch on the grounds of the standard of facilities can only be accepted in two situations:

1. when a new shopping centre is being built;
2. or if there is only one shop left within the catchment area in a particular sector and that shop is at risk of closing as a result of the licence being granted. This would jeopardise the level of local provision.

In principle, therefore, the competitive position of an established retailer is not a reason to refuse a trading licence; see also the case law of the Administrative Law Division of the Council of State. However, on the basis of a distribution planning study (DPO), retailers in a newly established shopping centre may be protected against competition from stallholders. The court has accepted that, during a specific period in which start-up costs are still high, retailers should be shielded from competition by street trading stalls, in the interests of establishing an adequate level of provision for consumers (Case No. ARRS 17-02-1986, AB 1987, 3).
According to the case law of the Administrative Law Division of the Council of State, a trading licence may be refused, if, were it to be granted, there is a risk that, in the face of competition, the established business would be forced to yield to the market stallholder, thereby causing the level of provision for consumers to fall below an acceptable standard. This occurs when the establishment of a permanent trading post leads to the closure of a shop and there is no alternative outlet in the immediate vicinity capable of meeting consumer demand. As a result, consumers would henceforth be reliant on the itinerant trader for their shopping. However, the itinerant trader is not always present at their trading post every day, offers a less extensive range of products and can relatively easily (without incurring excessive costs) move to another location in the immediate vicinity. The stallholder therefore offers insufficient assurance that an acceptable level of provision will be maintained.

The European Services Directive does not permit the use of this ground for refusing trading licence applications where services are (partly) provided, as this is regarded as an economic barrier to the free movement of services, which is not permitted. It is, however, possible to apply this ground for refusal in the case of a trading post for the sale of goods. The Directive does not apply in such cases.

6. Due to a conflict with a current local development plan

This ground for refusal also applies only to permanent trading pitches. Permanent trading pitches must be consistent with the applicable land-use designation. Stalls are permitted at locations zoned for “Retail“, ”Transport“, ”Residential’ or an equivalent use. At locations with a different zoning designation, such as green spaces and residential areas, permanent trading pitches may not be established unless an exemption from the environmental plan can be granted.

The decision to classify these sites as being for transport purposes, accommodation purposes or an equivalent purpose is entirely justifiable, as such sites have also sprung up on and alongside the road and are, in fact, inextricably linked to it.
The choice of these destinations represents an expansion of the options available under the 2004 Site Allocation Policy. The reason for this is that it provides scope for certain desirable initiatives to be supported.
The term ‘traffic’ also includes pedestrian areas. In shopping centres, this refers to areas within and around the shopping centre. Stalls located within a pedestrian zone will be permitted in shopping centres (with the exception of the City Centre pedestrian zone) provided that the requirements of Article 5.2.3 of the APV are met. In the City Centre pedestrian zone, permanent trading pitches are not desirable for reasons such as delivery traffic, pedestrian flow and accessibility for emergency services.

Relevant legislation and regulations

Constitution

Article 7 of the Constitution (freedom of expression) means that no licence may be required for the distribution of printed material. However, if this is done from a stall, a licence is required to occupy that stall.

Shopping Hours Act

The provisions of the Shop Opening Hours Act also apply to market stalls (Article 2(2)). Under the Shop Opening Hours Act, a market stall may be occupied on working days (Monday to Saturday) from 06:00 to 22:00, and the stallholder must comply with the Sunday trading regulations. Exceptions to this are market stalls specialising in foodstuffs suitable for immediate consumption, which are exempt from the Sunday trading regime under the Exemption Decree of the Shop Opening Hours Act (Article 12).

Alcohol Act

The Alcohol Act stipulates that no alcoholic beverages may be sold from a trading pitch. Furthermore, no alcoholic beverages may be present whilst sales are taking place. Compliance with the Alcohol Act is monitored by the Netherlands Food and Consumer Product Safety Authority and municipal inspectors from the Public Space Enforcement Team (THOR).

Commercial Register Act

Under the Trade Register Act 1996, a company must be registered with the Chamber of Commerce. Without the necessary registration, it is not possible to offer goods or services.

Environmental Management Act

The Environmental Management Act sets out regulations concerning establishments that may cause nuisance or disturbance to the surrounding area. These provisions also apply to stallholders. Environmental requirements are imposed in particular on mobile stalls selling fish and snacks. These requirements mainly concern the effects of frying. This includes issues such as the separation of fat from waste water and the prevention of odour nuisance. This is assessed on a case-by-case basis and depends on the situation on site. The stallholder may be required to take adequate measures themselves to prevent litter around the stall. These rules are set out in the licence to be issued by the local authority.

Commodities Act

The Commodities Act lays down rules regarding the quality and labelling of goods. In addition, the Act sets out requirements for product hygiene. The Commodities Act also applies to trading from a market stall. On 1 September 2004, the Central Retail Trade Board (HBD) published a Hygiene Code for the Street Trading of Food and Beverages. The Food and Consumer Product Safety Authority (VWA) enforces this Act.

Spatial Planning Act

Article 5.2.3.2(5)(f) of the APV states that a licence to occupy a trading pitch may be refused on the grounds that it contravenes a valid local development plan.
Where a permit (as required under the APV) is granted, any requirements set out in the applicable environmental plan will remain in force. As a trading pitch is mobile in nature, no permanent planning reservation will be made.

Further provisions concerning permanent sites

Times

In accordance with the provisions of the Shop Opening Hours Act, trading pitches may be occupied from Monday to Saturday inclusive. The basic principle is that the sales van must be removed after closing time. Only if the trading pitch is occupied for a continuous period may the sales van remain in place, but for no longer than a period of two months. This is to prevent people from occupying a permanent trading pitch, thereby removing its mobile nature and making it more akin to a regular shop.

An example of this is the sale of oliebollen and/or poffertjes during the winter months, which helps to create a festive atmosphere in Apeldoorn or one of the villages.

Utilities

As part of spatial development or redevelopment, the local authority installs on-site utilities such as electricity and water at a number of locations, which market traders and/or stallholders can use. These are locations where there are several market stalls (and often a goods market as well) and where the installation of utilities is financially viable. The stallholder pays a fee for this, calculated in proportion to their usage.
For more isolated pitch locations, the local authority is not responsible for the installation of utilities. The pitch holder must arrange for utilities to be installed at their own risk, naturally in consultation with the market supervisors. Furthermore, the stallholder cannot claim reimbursement from the local authority for the costs of installing such facilities. Any transfer to a new stallholder must be arranged between the parties concerned.

Personal character

Street trading is a personal activity. It is desirable that stallholders actually man their stalls in person. This prevents the undesirable trading of trading pitches. Non-personal licences represent significant economic value. Due to the nature of the trading pitches, the trading of licences is undesirable.
For this reason, a trading licence is personal and is therefore only issued to natural persons. This means that where a natural person runs a business in the form of a legal entity, the licence is issued in the name of that natural person. This prevents legal entities from gaining a dominant position in the trading pitch market, which could lead to a loss of diversity.
A trading pitch is non-transferable. A trading pitch licence cannot therefore be transferred to a legal successor. This ensures that trading pitches are allocated fairly amongst the various applicants and prevents the trading of pitches.
In the event of the licence holder’s death or permanent incapacity for work, it is justified on social grounds that the spouse, registered partner or child should be able to take over the itinerant trading business and continue the (family) business by taking over the trading licence.
This exception applies only to the locations and time slots that also applied to the former stallholder.

Dimensions/size of a pitch

When taking up a trading pitch, a sales van with display facilities is often used. The dimensions of these vehicles can vary considerably. At one extreme, this might be a lorry with a semi-trailer; more commonly, it is a small lorry; and sometimes it is a small van or trolley.
Given the differences in vehicle types, it is difficult to specify exact dimensions. The starting point for granting a licence is an assessment of the space occupied, including other facilities such as space for storing goods and, where applicable, a terrace. For each location, an assessment is made as to whether the vehicle detracts from the appearance of the surroundings or causes a nuisance in any other way.

Pitches on private land

Applications for trading pitches are often made for public spaces. In some cases, however, they are made for privately-owned sites (e.g. a supermarket car park). To submit such an application, written consent from the landowner is required before the application can be processed further. The landowner may, on the basis of their right of ownership, apply their own criteria when deciding whether or not to allow a stallholder on their premises.

Collecting in person/changing a location

In principle, a pitch must be occupied in person (see 4.3.).
However, there are cases where stallholders do not occupy the permanent stall allocated to them.
Notwithstanding this general principle, the licence holder may, on a permanent basis, be replaced at the trading pitch by a spouse, partner or child. This may occur in the event of illness or exceptional circumstances. In the event of illness lasting longer than one month or exceptional circumstances, permission may be granted for a temporary replacement for a maximum of one year. The Market Regulations contain a similar provision.
The requirement for a replacement is that a written application must be made, stating the name of the replacement, and that the (family) relationship must be proven by means of written supporting documents. This is done by means of a valid identity document and an entry in the Municipal Personal Records Database (GBA).
Should stallholders be unable or unwilling to occupy their stall for other reasons, they must be asked to explain their reasons for doing so. For this reason, regular checks are carried out to ensure that stalls are occupied by the stallholders themselves. If it is found that a stallholder has not occupied their stall, or has done so only very occasionally, over a period of 6 weeks, the stallholder will be sent a notice of proposed revocation of their licence pursuant to Article 1:6 of the APV. This condition is also included as a stipulation in the trading pitch licence.
In addition to a persistent failure to occupy a trading pitch, a breach of public order, misconduct, fraud or redevelopment work at the trading pitch location may also constitute grounds for revoking the trading pitch licence.

Temporary suspension from a trading pitch

If the pitch location is to be used for another purpose (market/event), the pitch may not be occupied on that day or during that part of the day. This also applies if refurbishment, maintenance or management work is taking place at the location. Although not legally required, we will explore the possibility of finding an alternative temporary location in consultation with the traders.
Furthermore, it is possible that, on the grounds of another public interest, the site cannot be occupied or must be vacated.

Submission requirements

In line with the local authority’s objectives of deregulation and reducing the administrative burden, the application process for a trading licence has also been reviewed. For example, the submission requirements relating to registration with the Chamber of Commerce and registration with the Central Retail Trade Board (HBD) have been abolished. These do not constitute grounds for refusal and, moreover, are matters for which the aforementioned bodies – rather than the local authority – are primarily responsible.

Validity period of the licence

At present, there is no reason to opt for a fixed-term licence.
In fact, under the 2004 Pitch Allocation Policy, the current pitch holder retains their licence for at least 10 years. After this 10-year period, following a comparative assessment of different applications for the same location, the only option is a draw.
A lottery to decide between applications is highly unsatisfactory. From the perspective of reducing the administrative burden on business owners and promoting deregulation, it is therefore desirable to grant stallholders an indefinite licence with immediate effect.

Use of licences at shopping centres

The basic principle is that a trading licence is granted per shopping centre and per licence holder for a maximum of 4 days per week. This prevents the trading pitch from taking on the character of a regular shop, whilst trading pitches are intended to be mobile in nature. For temporary trading pitches lasting several days, this provision does not apply insofar as it concerns the sale of seasonal products or a temporary trading pitch set up in connection with the refurbishment of a shop.

Amending and terminating the licence

An application to amend a trading licence is treated as an application for a new licence. The standard application form can be used to submit an application to amend a licence, for example, if you wish to sell different products or change your trading hours. Whilst the application is being processed, the requested changes must not be made or implemented.
Any request to terminate the licence early must be submitted in writing to the Legal Affairs and Security Department.

Diversification/expansion of the existing range

A review of applications for licences for permanent trading pitches in recent years reveals that the number of applications in the immediate vicinity of shopping centres is on the rise. Furthermore, many of these applications relate to fish and snack stalls. This poses a risk of undermining the diversity of permanent trading pitches at shopping centres, with the side effect of driving existing high-street traders out of business. Stalls should, as far as possible, complement the existing range of shops, in the interests of shoppers and existing business owners.

To ensure this diversity, applications for permanent pitches at shopping centres must complement the existing range of shops. In this context, advice is also sought from the various retailers’ associations and/or the FAO.
This also seeks to align with the Retail Strategy.

Further provisions concerning temporary sites

Stalls for promotional purposes: locations and times

Stalls for promotional purposes are only permitted in the city centre on Raadhuisplein, Marktplein and Leienplein. Only one stall is allocated per day across all locations combined, and a promotional stall for the sale of soft drinks and ice cream is permitted only twice a month.
The reasons for this are to prevent overcrowding in the city centre, to minimise disruption and to prevent disturbances to public order. In very exceptional circumstances (e.g. during an event on Raadhuisplein), and only as an alternative to the above locations, Stationsplein or the small square in front of the Oranjerie may also serve this purpose.

Occasional sales stall for our own shop

We also occasionally receive requests from shopkeepers who wish to set up a stall in front of their premises. For example, during the opening of a new shop. This is now formalised in the new policy.
Shopkeepers are permitted to set up a sales stall in front of their own shop on special occasions (such as an anniversary or the opening of a new shop). However, this is still subject to the grounds for refusal set out in the General Local By-laws (APV), whereby the free flow of shoppers, for example, is a key consideration.

Specialised service centre: car windscreen repairs

In recent years, there have been several requests to carry out car windscreen repairs at various shopping centres. Stalls are allocated on a “first come, first served” basis. These pitches take up a certain amount of parking space and can lead to unsafe traffic situations and severe parking congestion. As a result, several applications have already been refused over the past two years on the grounds set out in the General Local By-laws (APV).
It is not desirable for the same company to be stationed at the same shopping centre every week to provide this service. In order to give several companies the opportunity to provide their services in the municipality a number of times a year, the following rules are being introduced:

• At each shopping centre, a pitch for car windscreen repairs may only be occupied from Sunday to Thursday inclusive;
• At each shopping centre, a stall may be set up a maximum of twice a month.

Supervision and Enforcement

Introduction: Supervision and Enforcement

The municipality of Apeldoorn considers the monitoring and enforcement of regulations to be an essential part of its policy. For this reason, the new 2011 trading post policy is being actively enforced, and monitoring of trading posts is a priority.

PTH commitment

There are two members of staff from the Prevention, Supervision and Enforcement (PTH) team whose duties include monitoring trading pitches. Hours are set aside for this in the annual work plan. These supervisors include trading pitches in their weekly rounds. As most stallholders have been operating a stall in Apeldoorn for many years, it does not require much effort to ascertain whether they are complying with the rules.
Checks are carried out to ensure compliance with the conditions of the trading licence granted. These include, amongst other things, the location, the area occupied in square metres, the presence of the licence holder, opening hours and any littering.
It sometimes happens that a stallholder takes up more space than they are authorised to use.

Administrative enforcement

If a supervisory authority finds that a stallholder is in breach of the regulations, the stallholder will first be approached for a discussion or given guidance. If discussion proves ineffective, more stringent measures may be taken, such as imposing an order subject to a penalty payment or an order subject to administrative enforcement. This is in line with the applicable provisions set out in the enforcement policy.
If the stallholder does not hold a licence to occupy the trading pitch, they are required to cease their activities with immediate effect. If the stallholder does hold a licence but fails to comply with the applicable laws and regulations, enforcement action may be taken, depending on the nature of the offence. This may involve the imposition of an order subject to a penalty payment or an order subject to administrative coercion.

Annexes

Appendix 1: Financial framework

General

Fees apply to commercial permanent and temporary trading licence applications. These fees relate to the granting of the licence (administrative fees), the use of municipal land (land use charge) and, at some locations, the consumption of electricity (electricity costs). Incidentally, under the Fees Regulation, non-commercial trading pitches are not required to pay a land use charge and/or administrative fees.

Fees

The stallholder is required to pay a fee when submitting an application for a stall licence. This fee is charged to cover the costs incurred by the local authority in processing the application.
In accordance with the Schedule of Fees set out in the Fees Regulation, the fees for 2019 are as follows:

Type of trading licence	Amount
Permanent site permit on municipal land	€ 539, 15
Permanent site permit on private land	€ 359, 45
Temporary trading licence	€ 89, 85
Amendment to a permanent site licence	€ 114, 55

Precario

The stallholder makes use of public space by occupying it with their stall. The stallholder must pay a public space licence fee for each square metre of public space they occupy.
In the municipality of Apeldoorn, different rates are charged depending on the area. Below is an overview for 2012:

• on Raadhuisplein €3.50
• in Apeldoorn city centre: €1.75 per m² per day;
• in a district centre (the Anklaar, De Eglantier and Hart van Zuid shopping centres): €1.75 per m² per day;
• at or in the immediate vicinity of a tourist attraction: €1.75 per m² per day;
• at a local shopping centre (het Fort and Mercatorplein): €0.87 per m² per day;
• at a local shopping centre (Schubertplein, Kayershof, Ordenplein, Ugchelen, De Maat and De Mheen): €0.87 per m² per day;
• at a local facility (Musketiersveld, Gildenhof, Zuidbroek, Maasstraat, Boni and the surrounding area): €0.87 per m² per day;
• at a community care centre (Beekbergen, Loenen, Klarenbeek, Hoenderloo and Uddel): €0.87 per m² per day;
• in the case of a large-scale or out-of-town retail development (Apeldoorn-Noord, Europaweg (and surrounding area), Kanaal-Zuid, Voorwaarts and Omnisport): €0.87 per m² per day;
• at another location: €0.59 per m² per day.

For the temporary use of a pitch, the daily rate is €86.00 for up to 25 m² of land occupied. For each square metre exceeding 25 m², the daily rate is €3.45.

Electricity costs

Some market stall locations are equipped with electricity supply points. This is the case at Marktplein, Raadhuisplein, Schubertplein, Violierenplein, het Fort, Hart van Zuid and Operaplein. They pay the same electricity charges as market traders, with the charges divided into three bands. For half a day, stallholders pay between €1.50 and €4.50. For a full day, the charge is between €3.75 and €12.00.
The local council has recently installed electrical wiring at the Hart van Zuid shopping centre. In addition to their electricity bills, stallholders also pay rent for this.

There are also a number of locations where stallholders have installed their own electricity boxes, either through a private individual or via a traders’ association. Examples of this include the market stalls on Dijkgraafweg, on Kerk Allee in Beekbergen and in Loenen. In these cases, payment is made directly to the electricity supplier, private individual or traders’ association, without the involvement of the local council.

Appendix 2: Commercial pitches

 

Anklaar Shopping Centre
oliebollen	every day from 1 November to 31 December
fish	Tuesday to Saturday
De Mheen Shopping Centre
fish	Thursday to Saturday
oliebollen	every day from 1 November to 31 December
De Eglantier Shopping Centre
bread/biscuits/pastries	Friday
Vietnamese snacks	Saturday
cheese	Thursday
oliebollen	every day from 1 November to 31 December
’t Fort Shopping Centre
Indian snacks	Saturday
fish	Friday
cheese/butter/eggs	Thursday
fish	Tuesday
chips and snacks	Thursday to Sunday
Italian ice cream	Friday to Sunday
oliebollen	every day from 1 November to 31 December
Hart van Zuid Shopping Centre
Vietnamese snacks	Friday and Saturday
cheese	Saturday
oliebollen	every day from 1 November to 31 December
kebab (charcoal)	Wednesday, Thursday and Friday
De Maat Shopping Centre
fish	Thursday to Saturday
confectionery	Monday
Kayershof Shopping Centre
fish	Saturday
confectionery	Tuesday
Ordenplein Shopping Centre
confectionery	Friday
Maasstraat Shopping Centre
oliebollen	every day from 1 November to 31 December
fish	Fridays from 1 January to 31 October
Musketiersveld car park (Plus Nico de Witt)
oliebollen	every day from 1 November to 31 December
fish	Fridays from 1 January to 31 October
Centre of Apeldoorn
Vietnamese snacks	Monday to Sunday (Hoofdstraat Zuid)
accessories/hats	Thursday and Saturday (Brinklaan)
flowers	Friday and Saturday (Leienplein)
oliebollen	every day from 1 November to 31 December (Town Hall Square)
Asselsestraat/W. Druckerstraat
oliebollen	every day from 1 November to 31 December
Dijkgraafweg car park
snacks	Tuesday to Saturday
Hoge Dries car park
fish	Friday and Saturday
Arnhemseweg/Kraaienweg
snacks/soft drinks	Monday to Sunday
Arnhemseweg (near the A1 viaduct)
snacks/soft drinks	Monday to Sunday
Kuipersdijk
snacks	Sunday to Friday
Hoog Buurloseweg/Europaweg
snacks	Sunday to Friday
Joost van den Vondellaan
snacks	Wednesday and Thursday
Kerk Allee in Beekbergen
fruit and vegetables	Wednesday
fish	Saturday
dairy	Wednesday
Loenense Waterval car park
ice	Sundays and Mondays to Saturdays from May to August
snacks and drinks	Tuesday to Sunday
snacks, ice cream, sandwiches	every day
Heidehof Car Park
flowers/plants	Saturday and Sunday
De Kempe car park
fruit and vegetables	Thursday
dairy	Wednesday
Station Square
PM: options for at least 2 pitches have been included in the preliminary draft update Southeast City Centre Environmental Plan.