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Friday, 05/06/2016 9:26:08 AM

Friday, May 06, 2016 9:26:08 AM

Post# of 241
04-05-2016
Letter to all congregations: Revision appointments alcohol policy

Dear Members of the Board, Dear College,

As of January 1, 2013, the mayor is responsible for monitoring compliance with the Licensing and Catering within your community.

In addition, the City Council adopted a preventive maintenance plan and alcohol. This plan contains the main points of the policy on the prevention of alcohol consumption, particularly among young people, and the enforcement of the law.

In your municipality alcohol is provided through various channels: supermarkets, liquor stores, restaurants, sports canteens, convenience stores and snack bars. More than 70% of all alcohol consumed in the Netherlands is provided by the supermarkets. This supermarkets are by far the most important sales channel for alcohol. [1]

In the prevention and enforcement plan alcohol in your community is therefore rightly paid attention to compliance with the age limit by retailers. Often, in this context, agreements with local supermarkets. When making agreements regarding compliance with the age limit base these supermarkets on the Code responsible alcohol sales at the supermarket "of their trade association, the Food Retail Association (CBL).

Beginning in March 2016, the Court of The Hague CBL convicted of breach of the prohibition. According to the Court have made agreements that had the scope to exclude the use of the age control Ageviewers in the supermarket sector and the Code responsible alcohol sales in supermarkets' scope to restrict competition in the field of carrying out age checks. On that basis, the Court has annulled the Code. [2]

In August 2012, the CBL has sent you a letter, which refers explicitly to the Code responsible alcohol sales at the supermarket. " Literally the next CBL gives in this letter:

This Code describes how supermarket chains give substance to the legal requirements and rules arising from self-regulation. All members of the CBL endorse this Code. We believe that the Code offers clues to enter into conversation with the supermarkets in your town and can help you in setting up and running your enforcement. [3]

The judgment of the Court of The Hague has the effect that the Code has been declared invalid retroactively. Legally speaking, the Code deemed never to have existed. That has the necessary impact on the age audit of the supermarket sector. Namely the Code is the foundation from under the arrangements made by the supermarkets connected with your community in the CBL regarding compliance with the age limit.

The company behind Ageviewers, the HIM has a lot of damage suffered by the cartel of the supermarket sector. The Court of The Hague has ruled that the CBL is liable for damages ordered against the HEM and CBL to pay the damage suffered by him.

The CBL is the letter of August 2012 not rectified to you, despite the judgment of the Court of The Hague. To minimize the damage to our business, we will send you this letter.

The agreements between your church and supermarkets regarding compliance with the age limit for the sale of alcohol should be revised, if it turns out that these agreements are based on the annulled 'code responsible alcohol sales at the supermarket. "

The alcohol prevention and enforcement plan should be reviewed by your municipality, if it appears that the age audit of the local supermarkets is based on the annulled 'code responsible alcohol sales at the supermarket. "

If you would like more information about the judgment of the Court of The Hague, or if you want to know how the sale of alcohol within your community can be guided in adult courts, please contact Ageviewers via telephone or email.
Tel: 076-5222955 or 06-30048023 Email: info@ageviewers.com

Sincerely,

Dirk Benschop
Director Ageviewers

[1]
http://detailhandel.info/index.cfm/branches/foodspeciaalzaken/slijterijen/

[2]
http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBDHA:2016:2480

[3]
http://www.cbl.nl/fileadmin/user_upload/rapporten_materialen_publicaties/Brief_aan_College_B_en_W.pdf

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