Best Licensing Lawyers in Ommen

About Licensing Law in Ommen, Netherlands

Licensing in Ommen sits within the Dutch public law framework that governs permits and approvals for activities such as building and renovating, running a hospitality venue, organizing events, placing signage, operating a food truck or market stall, and conducting activities that can impact the environment or public order. The municipality of Ommen administers these licenses through local regulations and policy rules, applying national laws that set the baseline for what is allowed and how applications are assessed.

Since 2024, the Omgevingswet has streamlined many physical-environment permits into a single omgevingsvergunning. This one permit can cover building, use of land or buildings, heritage issues, and environmental activities. In parallel, the Algemene Plaatselijke Verordening of Ommen sets rules for matters like events, retail stands, terraces, noise exemptions, and public space use. Sector-specific laws also play a role, such as the Alcoholwet for serving alcohol and the Wet Bibob for integrity screenings.

If you plan an activity in Ommen that could affect neighbors, public space, safety, or the environment, you will likely need to check whether a license is required. Applications are usually filed through the Digitaal Stelsel Omgevingswet and the municipality’s permitting desk. Decisions are administrative decisions under the Algemene wet bestuursrecht, which means you have formal rights to object and appeal.

Why You May Need a Lawyer

Licensing issues can seem straightforward but often raise technical and legal questions. You may need a lawyer if your project triggers multiple permits under the Omgevingswet, if an events application draws critical safety conditions, if you are asked for a Bibob screening, or if neighbors file objections. Legal help is also useful when the municipality requests additional studies, such as noise or traffic assessments, or when an application is denied or approved with conditions that impact your business model.

Lawyers add value by mapping the correct permit route, preparing robust applications and participation plans, negotiating workable conditions with the municipality, and responding quickly to enforcement actions such as a last onder dwangsom or bestuursdwang. If deadlines are missed or the process stalls, a lawyer can use the procedural tools in the Algemene wet bestuursrecht to get the procedure moving or to protect your interests on objection and appeal.

Local Laws Overview

Omgevingswet and omgevingsvergunning: This law integrates building, environment, planning, and heritage permissions. Many activities now require a single integrated permit. The municipality will assess your plans against the municipal omgevingsplan, heritage protections, and national environmental rules. The regular decision period is usually 8 weeks and can be extended. Complex projects may follow the extensive procedure with a longer timeline and public participation.

Algemene Plaatselijke Verordening of Ommen: The APV sets practical rules for public order and local amenities. Common APV licenses include events permits, terrace and sidewalk use, standplaatsvergunning for mobile retail, and noise exemptions for live music or extended opening hours. The APV also defines when a simple notification may suffice, for example for very small neighborhood activities.

Alcoholwet and hospitality: Serving alcohol requires a Drank- en Horecavergunning under the Alcoholwet. The municipality will check the premises, the presence of a manager with social hygiene certification, age and integrity requirements, and compliance with layout and supervision rules. Youth protection, advertising limits, and serving times can be further shaped by local policy.

Environmental activities under the Bal: Many business operations fall under the Besluit activiteiten leefomgeving. Some activities are allowed with general rules, while others require a permit or a notification. Noise, odor, and waste rules can be decisive for workshops, hospitality, and events.

Wet Bibob integrity screening: For higher-risk licenses like hospitality, coffeeshops not allowed in Ommen, or large events, Ommen may apply the Bibob screening to prevent criminal abuse of permits. Non-cooperation or serious doubts can lead to refusal or revocation.

Procedures and legal protection: The Algemene wet bestuursrecht governs decisions, time limits, participation, objections, and appeals. After a decision, you typically have 6 weeks to file bezwaar with the municipality. A later beroep goes to the Rechtbank Overijssel. Urgent cases may allow for preliminary relief.

Fees and enforcement: Municipal leges apply and are often payable even if a permit is refused. Operating without a required permit can lead to warnings, fines, orders subject to a penalty payment, or closure. Good record-keeping and proactive dialogue with the municipality reduce these risks.

Frequently Asked Questions

What is an omgevingsvergunning and when do I need one in Ommen

An omgevingsvergunning is a single integrated permit under the Omgevingswet for activities that affect the physical environment. In Ommen you may need it to build or renovate, change the use of a building, alter a facade or place signage, conduct activities with environmental impact, or affect a monument. The Digitaal Stelsel Omgevingswet can help you check whether your plan requires a permit, a notification, or is allowed under general rules.

How do I apply for a permit in Ommen

You normally submit applications digitally through the Digitaal Stelsel Omgevingswet for physical-environment permits or through the municipality’s permitting desk for APV-related licenses like events or terraces. Prepare drawings, layouts, safety plans, participation notes, and any required technical studies. The municipality will confirm completeness and then assess your application against the omgevingsplan, APV, and relevant national rules.

How long do licensing procedures take

For most omgevingsvergunning requests the regular procedure takes about 8 weeks from completeness and can be extended. Complex or sensitive cases may follow the extensive procedure, which usually takes several months with a formal public participation phase. APV permits like small events can be faster, while larger events and Alcoholwet licenses may require more lead time due to safety consultations and inspections.

Do my neighbors get a say in my permit

Yes. Under the Omgevingswet, early participation by stakeholders is encouraged and may be requested by the municipality. During the procedure, neighbors can submit views in extensive procedures, and after the decision they can file objections within 6 weeks if they are directly affected. Early communication with neighbors often reduces objections and conditions.

Do I need a permit for a small event or street party

Possibly. Ommen’s APV requires an evenementenvergunning for events that impact public order, safety, or the use of public space. Very small neighborhood gatherings on private property may only need a notification or may be exempt if certain conditions are met, such as limited hours, minimal noise, and no road closures. Always check the APV requirements and timeframes well in advance.

I want to serve alcohol - what license is required

You need a Drank- en Horecavergunning under the Alcoholwet for on-premises alcohol service. The municipality will review the premises, check that a manager with social hygiene certification is on duty, verify age and integrity requirements, and may conduct a Bibob screening. For occasional private events, full bar service to the public is usually not allowed without this license. Catering exemptions are limited and must be checked in advance.

What is a standplaatsvergunning for a food truck or market stall

A standplaatsvergunning allows you to sell goods or food from a fixed spot in public space on set days or times. Ommen regulates locations, hygiene, waste, and safety conditions through the APV and policy rules. You may also need approvals under food safety rules and, if gas or generators are used, to meet additional safety standards.

What is a Bibob check and should I expect one

A Bibob check is an integrity screening under the Wet Bibob. It helps the municipality prevent misuse of permits for criminal activities. You may be asked to provide financial and background information about owners and funding. If serious doubts remain, the license can be refused or revoked. Hospitality, large events, and certain high-risk activities are most likely to be screened.

What can I do if my application is denied or conditions are too strict

You can file a bezwaar within 6 weeks of the decision. In bezwaar you can submit additional evidence, propose alternative conditions, or point out legal errors. If bezwaar is rejected, you can appeal to the Rechtbank Overijssel and request preliminary relief if urgent. A lawyer can help assess the chances and tailor a strategy, including negotiation with the municipality.

What happens if I operate without a required permit

The municipality can enforce using a last onder dwangsom or bestuursdwang, which can lead to fines or closure. Repeat or serious violations can affect future license applications. If you receive an enforcement notice, seek legal advice promptly, as there are short deadlines to respond or to request a provisional measure.

Additional Resources

Gemeente Ommen - Vergunningenloket: The municipal permitting desk handles omgevingsvergunning applications, APV licenses, Alcoholwet hospitality permits, events permits, terraces, and standplaatsvergunningen. Staff can explain local policy and timelines.

Digitaal Stelsel Omgevingswet - Omgevingsloket: The national digital portal where you can check permit requirements, submit applications for physical-environment activities, and follow the status of your case.

Rechtbank Overijssel: The court that hears appeals in administrative licensing matters from Ommen. You can request preliminary relief in urgent cases.

Kamer van Koophandel: Guidance on starting and operating a business, registrations, and how licensing interacts with business activities.

Nederlandse Voedsel- en Warenautoriteit: Information on food safety requirements for hospitality, markets, and food trucks, including hygiene codes.

Veiligheidsregio IJsselland and politie: For events, safety plans may be reviewed with emergency services and police. Early consultation can help avoid last-minute issues.

Belastingdienst: Tax and excise information that often interacts with hospitality and retail operations, including VAT and alcohol excise obligations.

Kiwa Register for taxi and transport: National licensing for taxi drivers and vehicles, which may combine with local standplaats or public-space permissions.

Next Steps

Define your activity precisely and map out where, when, and how it will operate. Identify all potential license triggers under the Omgevingswet and the APV of Ommen. Use the Digitaal Stelsel Omgevingswet to run a permit check and contact the municipal permitting desk to confirm what is needed and the expected timeline.

Prepare a complete and well documented application. Typical items include drawings, location maps, a concise participation note summarizing neighbor input, safety and crowd plans for events, noise or traffic studies if relevant, and proof of qualifications like social hygiene. Build in enough lead time, especially for events or hospitality.

Engage with neighbors and stakeholders early. Constructive participation can reduce objections and help the municipality apply more flexible conditions. Keep written records of consultations and agreements.

If you face complex requirements, integrity screening, or strict draft conditions, consult a lawyer early. A lawyer can help choose the right procedure, negotiate workable conditions, and prepare for bezwaar or beroep if needed. Watch deadlines closely. The standard term to object is 6 weeks from the date you receive or the date of publication of the decision.

If the municipality does not decide on time, ask about the status in writing and consider formal steps under the Algemene wet bestuursrecht to prompt a decision. If you receive an enforcement notice, respond within the stated term and seek legal advice immediately.

Keep copies of all submissions, decisions, and correspondence. After approval, comply with all conditions and event safety requirements. For recurring activities, evaluate any issues with the municipality to streamline future applications.