A total of 122 businesses have been closed, as punishment for not complying with the corona rules. This mainly concerns catering establishments, but also, for example, gyms or night shops.
A company was once closed in Twente, a supermarket in the border region. Operator Raymond Berning made the national news with his refusal to comply with the corona measures
“Bad”, Minister Hugo de Jonge of Public Health responds to the figures. Not only because of the risk of contamination among visitors, but also for the staff. “As an employer you just have to take good care of your people. As an employer, you have the task of providing a safe workplace. If you don’t, you are not in the process of being a good employer.”
Companies that, knowingly or not, do not comply with the corona guidelines risk a fine or periodic penalty payment, or – as a last resort – temporary closure. The Inspectorate SZW is responsible for handing out the fines, the safety regions are authorized to oblige companies to close their doors. This usually only happens after warnings and after several checks by enforcers.
In the Amsterdam-Amstelland safety region, this happened, for example, in catering establishments where there was plenty of dancing, says lawyer Janneke Sinnige of Wieringa Advocaten, who specializes in administrative law.
“It was found there that the rules were really deliberately avoided. By agreeing on codes: if a certain song was played, everyone sat down, for example,” says Sinnige.
Those are the exceptions. “What we see more often is that warnings are given first.”
Most companies properly follow up warnings, according to the answers of the Inspectorate SZW and the safety regions. But there is a small group of companies that are tenaciously trying to get out of the rules.
‘More attention to enforcement’
There is plenty of room for that, because not much checks are carried out, admits Minister De Jonge. “But it does happen. I see that more attention is being paid to enforcement. I think that is very important.”
In many cafés and restaurants it is quite difficult, despite good intentions, to properly implement the 1.5 meter measure, says lawyer Sinnige. Entrepreneurs who are faced with such a measure and who do not agree with it can try to challenge such a decision.
“The problem is: you want to pass a judgment very quickly and not a whole objection and appeal before you have certainty. You can apply for a preliminary injunction at the court. It can be handled very quickly. A judge then looks through the main points. case and then decide whether that preliminary judgment is lawful. “
Isn’t that so? Then the decision is suspended. You do not have to close to the more detailed substantive treatment. At the moment, this is of course no longer an issue for the catering establishments. Since the partial lockdown came into effect, the cafes and restaurants have been closed anyway.