Events Note 2021

The corona virus. This events note cannot get around it. The virus has drawn a line under many events that were planned. Some could still go on but in modified form. The question now is: when can events take place again? What are the health risks and will an event season ever again be what it was decades before? This memo was prepared at a time when emergency regulations are once again in effect and the future seems uncertain. Still, we assume that things will get better. That eventually measures from the central government will no longer be necessary. Hygiene will remain an important factor. We will discuss this with event organizers when reviewing the permit. Because a liveable Gemert-Bakel is a healthy and vibrant Gemert-Bakel. That is what we are committed to. Our starting point is that we make events possible. Diversity is the starting point. We want to bring people together, we want to make sure that Gemert-Bakel is the place you want to be. The college continues to search for balance. Fun for some should not lead to disproportionate inconvenience for others. We take complaints seriously and we will continue to work on a good balance in the coming years. The starting point is a vibrant and colorful Gemert-Bakel. (Hard) drugs and laughing gas have no place during our events. We make organizers and visitors aware of reducing the use and increasing the chances of catching dealers and users. With this memorandum we are ready for the post-corona era. Where people can party together again, enjoy beautiful hobbies and music, dance and entertainment will again be the norm. With each other.

2.1 What is an event

Based on Article 2:24 of the General Local Bye-Law (APV), the collective term "event" is defined in this Event Memorandum 2021 as follows: ''any operations open to the public, such as:''

• A memorial service;
• A fair;
• A procession on the road, not as being a demonstration;
• A party, music performance or contest on or near the road.

Exceptions are:

• cinema and theater performances;
• markets as referred to in Article 160, first paragraph (g) of the Municipal Law;
• games of chance as referred to in the Gaming Act;
• Providing the opportunity for dancing in an establishment within the meaning of the Drank and Catering Act;
• Demonstrations, gatherings and meetings referred to in the Public Demonstrations Act;
• sports competitions, not being a category of martial arts competitions-or galas designated by the mayor.

Based on Article 2:25 of the General Local Bye-Law (APV), it is prohibited to organize an event without or contrary to an (event) permit from the mayor.

2.2 When is an event permit required

First, an event permit is required for all (occasional) events that take place outdoors or in the public area and/or are open to the public. Additionally, an event permit is required for all (occasional) events that are not open to the public, but take place at a location that is generally open to the public.

Below is a brief overview of events for which an event permit is required:

• The event is open to the public (think music festivals, fairs and fairs);
• The event takes place in a tent, open air or building, but this building is not designed for this purpose based on the zoning plan or granted permit;
• The event is private, but takes place at a location that is public. A so-called public space, think here for example a sports hall;
• The event takes place in whole or in part outside a catering establishment.

2.3 An event but no event permit required

Based on Article 2:25 paragraph 3 of the General Local Bye-Law (APV), the mayor has the authority to label an event, under specific conditions, as "permit-free. More information about a permit-free event and its conditions is described in Chapter 4.

When an event can be labeled as permit-free, but requires separate permits and/or waivers because the nature and character of the event demands it, the same policies and procedures can be applied as outlined in this 2021 Event Memorandum.

2.4 Event location / Event site

In its zoning plan 'Buitengebied 2017', the municipality of Gemert-Bakel has designated three locations that can be labeled as so-called event locations / event grounds, that is:

• Event site 'de Schabbert' in Gemert;
• Event site 'Roessel' at Bakel;
• Event site 'Bocht' at Milheeze.

3.1 The organizer

Regarding an event and/or event permit, the role of the organizer can be divided into several responsibilities:

• Organizer is responsible for an orderly and safe event;
• Organizer is responsible for limiting/preventing pressure in the environment. Within the frameworks and laws and regulations set by the municipality;
• Organizer is responsible for making (necessary) provisions, both facility and management, and associated costs;
• Organizer is liable for all damage caused to property of the municipality and/or others.
• Organizer is responsible for enforcing and complying with set rules from the municipality and government

3.2 The municipality

Regarding an event and/or event permit, the role of the municipality of Gemert-Bakel can be divided into two responsibilities:

• Primarily, the municipality is responsible for maintaining public order, safety, health and protecting the environment;
• Secondarily, the municipality is responsible for establishing policies regarding an event and granting event permits.

At the time of writing the Event Memorandum 2021, the mayor is the responsible portfolio holder for events within the municipality of Gemert-Bakel. As such, the mayor is authorized to grant, refuse and/or withdraw an application for an event permit. From an organizational point of view, within the municipality of Gemert-Bakel the Vergunningen & Toezicht (VT) team is responsible for the entire process supervision of an event and/or event permit. To this end, the VT team works integrally. Thus, during the entire process supervision, various internal teams and/or external partners are involved. Complete process supervision means from application to evaluation, including supervision.

4.1 Distribution of categories

The municipality of Gemert-Bakel distinguishes between four different categories for events taking place within its municipality:

1. Category O-Event: permit-free event;
2. Category A Event: low-risk regular event;
3. Category B-Event: large event with medium risk;
4. Category C-Event: very large high-risk event.

4.2 Category O Event

A category O Event means a permit-free event. The organizer of a permit-free event is expressly requested to report the event to the municipality. When the municipality receives such a notification, it will provide the organizer with some guidance, which the organizer can in turn apply when organizing the event.

Within the municipality of Gemert-Bakel, an event is considered permit-free under the following conditions:

• Maximum of 150 visitors and/or participants;
• End time 0:00 / 01:00;
  • End time depends on the day on which the event starts. On Sunday through Thursday, a maximum end time of 00:00 applies. On Friday, Saturday and days preceding a national holiday, a maximum end time of 01:00 applies.
• Maximum noise level of 60 dB(A) and 80 dB(C) when indoors or 75 dB(A) and 90 dB(C) when open air / tent;
• No through roads will be closed;
• No weak alcoholic beverages will be provided for any form of payment.

4.3 Category A Event

A Category A Event means a regular low-risk event. A Category A Event can be further divided into three subcategories:

1. Category A1;
2. Category A2;
3. Category A3.

Subdivision into subcategories depends on the number of visitors and the end time(s) of the event.

Visitors 150-4,999 --> Category A

• End time 7 p.m. --> A1
• End time 11 p.m. --> A2
• End time 01:00/02:00 --> A3
  • End time depends on the day on which the event starts. On Sunday through Thursday, a maximum end time of 00:00 applies. On Friday, Saturday and days preceding a national holiday, a maximum end time of 01:00 applies.

4.4 Category B Event

A Category B Event means a large event with medium risk. A Category B Event can be further divided into three subcategories:

1. Category B1;
2. Category B2;
3. Category B3.

Subdivision into subcategories depends on the number of visitors and the end time(s) of the event.

Visitors 5,000-9,999 --> Category B

• End time 7 p.m. --> B1
• End time 11 p.m. --> B2
• End time 01:00/02:00 --> B3
  • End time depends on the day the event starts. On Sunday through Thursday, a maximum end time of 01:00 applies. On Friday, Saturday and days preceding a national holiday, a maximum end time of 02:00 applies.

4.5 Category C Event

A category C event means a very large event with a high risk regarding pressure and safety. Such an event has a supra-local, national or international character and thus attracts very large numbers of visitors. Such an event therefore requires a regional approach and handling of the permit application.

Visitors > 10,000 --> Category C --> Customization at the multidisciplinary level.

5.1 Category O Event

The notification of an event in the category O is should be done through the digital counter on the website of the municipality of Gemert-Bakel; www.en.gemert-bakel.nl. Based on the submitted notification in combination with the supplied information, the organizer will receive a written notification from the municipality that the event is permit-free. In addition, the municipality will provide the organizer with a number of tools that can be applied when organizing the event.

Important text: Please note that notification of a Category O event must be made at least 14 business days prior to the event.

5.2 Category A1 to A3 and B1-Event.

Applications for an event permit for organizing an event in the categories A1 to A3 and B1 must be made through the digital counter on the website of the municipality of Gemert-Bakel. After receiving an admissible application, it will be published on the website of the municipality.

An admissible application must be provided with at least the following attachments:

• A fully completed application form;
• A layout drawing of the event site (see Section 5.7 for further explanation);
• A script of the event;
• A contingency plan.
• If present, the layout drawing of the tent or building (see Section 5.7 for further explanation);

Important text: Please note that an admissible application for an event permit to organize an event in categories A1 to A3 and B1 must be submitted at least 13 weeks before the start of the event. This as part of the "Standard Preparation Procedure," see Appendix 3.

Based on the admissible application, the municipality gathers information from various internal and external departments. Internally, one can think of Public Management, Legal Affairs, etc. Externally, one can think of Police, Fire Department, etc. The municipality then formulates its decision based on the admissible application combined with the advice received.

When the municipality concludes, based on the admissible application and advice received, that an event permit can be granted for organizing the intended event, this will be communicated to the organizer at least 6 weeks before the start of the event through a written decision and published on the municipality's website. Based on the General Administrative Law Act, objection and appeal procedure, a period of 6 weeks is observed here. If, based on the admissible application and advice received, the municipality concludes that an event permit cannot be granted for the organization of the intended event, this will be communicated to the organizer through a written decision and published on the website of the municipality as soon as possible.

5.3 Category B2, B3 and C-Event.

Applying for an event permit for organizing an event in category B2, B3 and C should be done through the digital counter on the website of the municipality of Gemert-Bakel; After receiving an admissible application, it will be published on the website of the municipality.

An admissible application must be provided with at least the following attachments:

• A fully completed application form;
• A layout drawing of the event site (see Section 5.7 for further explanation);
• A script of the event;
• A contingency plan.
• If present, the layout drawing of the tent or building (see Section 5.7 for further explanation);

Important text: Please note that an admissible application for an event permit to organize an event in category B2, B3 and C must be submitted at least 26 weeks before the start of the event. This under the "Uniform Public Preparation Procedure," see Appendix 4.

Based on the admissible application, the municipality enters into consultations with various internal and external services, including the Brabant-Zuidoost Safety Region and the Police. The municipality then formulates its decision based on the admissible application, the consultations conducted and advice received. An admissible application for an event permit for organizing a category C event is also discussed within the Safety Region and Police themselves. The Safety Region and Police then review the application for risks in the context of safety in the broadest sense of the word. Think for example of accessibility in case of calamities. The Safety Region and Police then make a recommendation to the municipality.

If, based on the admissible application, consultations conducted and/or advice received, the municipality concludes that an event permit can be granted for the organization of the intended event, this will be communicated to the organizer at least 6 weeks before the start of the event through a written decision and published on the website of the municipality. Based on the General Administrative Law Act, objection and appeal procedure, a period of 6 weeks is observed here. If, based on the admissible application, consultations held and/or advice received, the municipality concludes that an event permit cannot be granted for the organization of the intended event, this will be communicated to the organizer as soon as possible by means of a written decision and published on the website of the municipality.

5.4 Objection and/or appeal

In the sub-paragraphs below, based on the General Administrative Law Act (AWB), the objection and appeal procedure is further outlined for both the Public Preparation Procedure and the Uniform Public Preparation Procedure.

5.4.1 Standard Preparation Procedure (A1 to A3 and B1)

Within the Standard Preparatory Procedure, local residents and other directly interested parties have a period of 6 weeks in which to object to the municipality's decision to grant an event permit. This period starts one day after the municipality announces its decision. At the end of the objection and appeal period, the event permit granted is irrevocable.

5.4.2 Uniform Public Preparation Procedure (B2, B3 and C)

Within the Uniform Public Preparation Procedure, the municipality makes the draft of its decision to be taken available for inspection. The municipality announces this by means of a publication in a local newspaper. After the municipality has made this known, a period of 6 weeks takes place in which directly interested parties can submit their views on the draft decision of the municipality. At the end of this period, the municipality makes a final decision, based in part on any views received. One day after publication of the final decision by the municipality, the so-called appeal period starts; a period of 6 weeks in which a directly interested party can submit an appeal against the municipality's decision to grant an event permit. Please note that a directly interested party can only submit an appeal against the municipality's decision if they have also submitted an opinion. After the appeal period ends, the event permit granted is irrevocable.

5.4.3 Provisional provision

During the objection period (Standard Preparatory Procedure) or appeal period (Uniform Public Preparatory Procedure), a directly interested party has the opportunity to request a preliminary injunction against the municipality's decision to grant an event permit. A preliminary injunction is the possibility to provisionally undo a decision of an administrative body that takes effect by means of an emergency procedure before the preliminary injunction court.

5.5 Basis

An event permit is issued by the mayor of the municipality. Associated partial permits and/or exemptions are issued by the mayor or the Municipal Executive (B&W), depending on the authority of the relevant governing body. An application for an event permit is published on the municipality's website. The decision to grant or refuse an event permit, with associated partial permits and/or exemptions, is communicated to the organizer through a written decision and published on the municipality's website. In doing so, the municipality formally complies with the legal publication requirement.

5.6 Grounds for refusal

The municipality has the right to refuse and/or not consider an application for an event permit under certain circumstances. These circumstances are described below.

5.6.1 General Municipal Regulations (APV)

An application for an event permit can be refused in the interest of Article 1:8 of the General Local Bye-Law (APV). In short:

• public order;
• public safety;
• public health;
• environmental protection.

In addition, an application for an event permit may be denied in the interest of Article 2:25 of the General Local Bye-Law (APV). In short:

• preventing or reducing nuisances;
• preventing or limiting impairment of residential and living conditions;
• the safety of persons or property;
• traffic freedom or safety;
• health or morality.

5.6.2 Incomplete application

An application for an event permit will not be considered if it is incomplete. In fact, an incomplete application cannot be declared admissible. When this circumstance occurs, the municipality gives the applicant the opportunity to complete the application before the decision period expires.

5.6.3 Late submission

In principle, an application for an event permit will not be considered if it is submitted late. In a circumstance such as this, the municipality gives an organizer the opportunity to motivate why an application has been submitted too late. Based on this motivation, the mayor may then decide to still consider an application.

An exception to the above are events that arise as a result of an unforeseen circumstance. In a circumstance such as this, the mayor, in consultation with the Municipal Executive (B&W), will consider whether and under what conditions the application will still be considered. Unforeseen circumstances include:

• An event as part of a visit by members of the Royal Family;
• A tribute in the context of (sports) champions who have made an exceptional achievement.

5.6.4 External safety risky sites

An application for an event permit may be refused if the intended event location is located within the contours of a high-risk activity (Policy Vision External Safety). This will be done in consultation with the safety region.

5.6.5 Para-Commercial Institutions

An application for an event permit may be refused when the intended event is scheduled in an accommodation with a para-commercial catering license and when the intended event does not fit in with the regular activity of the institution within which the catering establishment falls.

5.6.6 Municipal land

An application for an event permit can be refused when the intended event is planned on land owned by the municipality, and the municipality refuses to make its land available / give it into use. Based on Article 1:8 and Article 2:25 of the General Municipal Bye-Law (APV), the municipality can decide not to make its land available / give it into use.

5.6.7 BIBOB Act (optional)

If the municipality has a well-founded suspicion that the integrity of the applicant for an event permit is at stake, it has, based on the Wet BIBOB (Bevordering Integriteitsbeoordelingen door het Openbaar Bestuur), the power to conduct an investigation / test into this. If this investigation / test shows that the integrity of the applicant is indeed at stake, the municipality has the authority to refuse the application for an event permit on the basis of Section 3 and Section 7 of the BIBOB Act.

5.7 Requirements for event site layout drawing/plan

In order to properly assess the event site, and any tent/building on the event site, it is important that the layout drawing/ floor plan to be provided meets the following requirements:

• scale site drawing (event site) 1:1000 or 1:500;
• indicate exact sizes at objects, passages, streets, tents, bleachers, bars, stages, etc.;
• legend (symbols and line types used), must be indicated on too drawing;
• streets, street furniture, trash cans, lighting (permanent and temporary), benches, parking (current and visitors), water features, buildings;
• contours of the event site;
• extinguishing water supply (open water, fire hydrants);
• proposal approach routes for emergency services (arrival and departure) conditions concept emergency route for emergency and rescue services. Dimensions passage 3.5 m wide and 4.2 m high, bend radius 4.5 m;
• Draw in all objects to be placed incl. exact formats (tent(s), stand(s), stalls, stages, sound towers, bar, bouncy castle, electrical supplies, seating plan, trash bins, displays, etc;
• Central Station, First Aid, Reception security, sign in at exact location;
• for an enclosed event site, access control and its layout should also be drawn in;
• main entrances event site indicated, indoor regular visitor flow indicated;
• indicate escape routes across the event site (keep escape routes as separate as possible from approach routes of emergency and rescue services) / within objects (escape route signage, emergency lighting, firefighting equipment and alarms, if present).

6.1 Enforcement efforts

Within the municipal organization, the Vergunningen en Toezicht (VT) team is
is responsible for granting, supervising and enforcing an
event permit. The VT team assesses for each event, based in part on
The VT team assesses for each event, based in part on the categorization and past experience, what enforcement effort is required.
Following the supervision and enforcement of an event
event permit, the municipality of Gemert-Bakel distinguishes between three different phases:

1. Preliminary phase (construction event to actual start of event);
2. Main phase (actual start of event to actual end of event);
3. After phase (winding down event until ...)

6.2 Preliminary phase

In the preliminary phase of an event, the municipality may decide to conduct what is known as a scavenger hunt. This inspection is carried out by an authorized official. Possibly in cooperation with one or more external parties. During the inspection, the authorized official checks whether all conditions and regulations, as described in the granted event permit, are properly observed. Here one can think, for example, of the size of stages and/or tents, keeping the calamity route clear, etc. When, on the basis of the inspection carried out, it appears that one or more conditions and/or
regulations of the granted event permit are violated, the organization must immediately and strictly follow the orders of the relevant official to remedy this/these violation(s). If the organization fails to do so, the municipality has the
authority to remedy the violation(s) of the granted event permit using the following administrative law enforcement means:

1. Revoke or modify beneficiary decision;
2. Penalty;
3. Administrative enforcement.

These administrative law enforcement remedies are provided to the governing body the mayor as a means of taking action against what has been or is being done, held or omitted in violation of, by or under any statutory provision.

6.3 Main Phase

As in the preliminary phase, the municipality may also decide to have a tour conducted in the main phase of an event. If, based on the conducted inspection, it appears that one or more conditions and/or regulations of the granted event permit are violated, the organization must immediately and strictly follow the orders of the official to remedy these violation(s). With respect to violation(s) in the context of public order and safety, the organization shall immediately and strictly follow the orders of the Police and/or special investigating officer (BOA) to remedy such violation(s). This is because the Police and special investigating officers (BOAs) are responsible for maintaining public order and safety in their capacity.
If the organization does not comply with the orders of the official, Police and/or special investigating officer (BOA), if the event permit is violated and/or if public order and safety are at stake, the municipality is authorized to rectify the violation(s) by using its enforcement resources. These means of enforcement are provided to the municipality on the basis of the:

• General Administrative Order (APV);
• General Administrative Law Act (AWB);
• Municipal Law.

6.4 Post-phase

In the after phase of an event, the municipality may decide to organize an evaluation with all parties involved. In terms of parties involved, one can think of the organization of the event itself, the municipality, etc. During this evaluation, among other things, the course of the event will be discussed. The outcome of the evaluation may have consequences for any new applications for an event permit by the organization concerned.

7.1 End times

The municipality attaches actual end times to organizing an event. These end times apply for the duration of the event and are established based on the "categorization of events.

• Category A1 and B1 = no later than 7 p.m;
• Category A2 and B2 = 11 p.m. at the latest;
• Category A3 and B3 = no later than 01:00 or 02:00;

  • On Sunday through Thursday, a maximum ending time of 01:00 a.m. applies. On Friday, Saturday and days preceding a national holiday, a maximum end time of 02:00 applies.

  • On Sunday through Thursday, a maximum end time of 00:00 applies to amplified sound. On Friday, Saturday and days preceding a national holiday, the maximum end time is 01:00 a.m.

• Category C = customization.

7.2 Noise standards

Due to the corona virus, there have been too few noise measurements in the past period to form a good picture. Therefore, there will be no changes regarding the noise standards compared to the 2019 memorandum.

The municipality attaches noise standards to hosting an event that focus on both dB(A) and dB(C).

Gehighlighte text: These are maximum noise standards at all times.

The noise standardization is based on the categorization shown in Chapter 4. The standardization is differentiated by event locations, accommodations and assessment locations. With regard to the accommodation present at event locations, a distinction is made between events held indoors (in an enclosed building) or outdoors or a tent. As much as possible, a uniform noise standard is used. This corresponds to the 1996 memorandum "Events with a noisy character" of the Regional Inspectorate for Environmental Hygiene Limburg. Deviations from this memorandum are made for events with large outdoor stages at Ridderplein and Sint Wilbertsplein. For events held indoors, a lower standard applies because of the soundproofing of the building's external partition construction. Events with amplified mechanical music, but also increasingly with amplified live music have a relatively high noise level at the low frequencies, the so-called bass tones. These are mostly responsible for the noise pollution. When setting noise standards, in addition to the so-called A-weighting, the C-weighting is also included. This C weighting concerns the bass tones. The difference in music noise levels in dB(C) and dB(A) is in practice not a constant but appears to depend on, among other things, the accommodation or location where(in) the event is held and the distance to the event location.

With regard to the difference in noise standardization in dB(C) and dB(A), the sound insulation of the building envelope (indoor event) or tent and the distance to the event location have been taken into account. At short distances from outdoor stages, the difference is limited to the 10 to 15 dB value commonly used for this purpose. This value also applies to the indoor music noise level for events held indoors or in a tent. In the case of an event in a fully enclosed tent, the difference is limited to 20 dB or 25 dB, respectively, depending on the location of the dwellings in the cores or outlying areas. The same bandwidth was used for events taking place in an enclosed building. This takes into account the type of event or style of music and the corresponding sound spectrum. When checking compliance with the noise limits, both assessment quantities (dB(A)) and dB(C)) must be determined and tested by means of measurements. The following overview lists the maximum permitted equivalent sound levels in dB(A)'s and dB(C)'s for various events and venues:

1. Permitted (music) noise level without any corrections for music noise Kx, disturbance noise Cstoor and Meteocorrection term Cm.
2. Events with one or more outdoor stages such as with the May Festival or during King's Night and Day or Streetrock.
3. Events without large outdoor stages.

The mayor has the authority to deviate from the noise standard in appropriate cases with justification.

7.2.1 Noise measurement(s).

Noise measurements must be carried out in accordance with the methods described in the Manual on Measuring and Calculating Industrial Noise (HMRI 1999). If the measurements are carried out at the site of dwellings, this must take place in accordance with the Manual at 2 meters in front of the façade and at a measurement height appropriate for the dwelling. The municipal equivalent noise level values Leq T must then be corrected for i.c. minus the facade reflection term Cg of 3 dB (incident noise). Furthermore, no correction for music noise Kx, the so-called "music penalty," is applied to the measured 19 noise levels nor the meteorological correction term Cm. The measurement points are described for a number of categories by the terms 1st line building and 2nd line building. For events held in the outlying area where there are no residences within 100 m of the event location, a reference point 100 m from the stage or tent is chosen. For events at Ridderplein and Sint Wilbert Square, two reference points are designated, namely 1st line and second line buildings. First line building. The applicable noise standards are met at both reference points. In addition, a reference point 50 meters away from the stage or tent is chosen. For the Ridderplein location, the 1st line buildings include the buildings located directly on the Ridderplein and the Kerkstraat. For the Sint Wilbersplein, 1st line development includes the buildings the Sint Wilbertsplein, Dorpsstraat. For the location Ridderplein, the 2nd line development includes the buildings at a greater distance from the location such as the Binderseind and the Nieuwstraat. (depending on the exact location of the stage). For the Sint Wilbersplein, 2nd line development includes buildings at a greater distance from the locations such as De Wilbertsdries, Clausplein and Julianastraat (depending on the exact location of the stage).

7.3 Beverage and hospitality industry

The municipality attaches conditions and regulations to the provision of weak alcoholic beverages, during an event. The organizer is obliged to apply for an exemption from the municipality. The mayor can then grant an exemption pursuant to Article 35 of the Drank- en Horecawet for the provision of low-alcoholic beverages on a special occasion of a very temporary nature.

7.4 Health Care

The municipality attaches conditions and regulations regarding health care to the organization of an event. These conditions and regulations may vary per event. The municipality seeks the advice of the GHOR (Medical Assistance at Accidents and Disasters).

7.5 Fire safety

The municipality attaches conditions and regulations regarding fire safety to organizing an event. These conditions and regulations may vary per event, but have their basis in the 'Besluit brandveilig gebruik en basishulpverlening overige plaatsen' (Decree on fire-safe use and basic emergency assistance in other places). In addition, the municipality seeks the advice of the Fire Department and the Safety Region Brabant-Zuidoost.

7.6 BGBOP (Besluit brandveilig gebruik en basishulpverlening overige plaatsen)

The event site and/or structure and everything present there, must comply with the Decree 'fire-safe use and basic emergency assistance other places' which describes the requirements around fire safety and health. Pursuant to the Besluit brandveilig gebruik en basishulpverlening overige plaatsen, nationwide uniform rules are set for the fire-safe use of places used in an organized context. The aim is to promote fire safety at places such as event sites and to control risks at sites where many people are together. These requirements apply to all activities whether they are events or not. There is a notification requirement (use notification) under Article 2.1 of the bgbop Decree if:

• Night lodging is provided in a residence hall in that place on a business or care basis to more than 10 persons;
• Care is provided in a residence hall at that place to:
  • More than 10 persons under 12 years of age;
  • More than 10 physically or mentally handicapped persons.
• A residence hall in that place is intended for more than 150 persons at the same time or;
• If the organizer organizes an activity for which fire safety is regulated in a different way than the regulations in chapters 3 to 5 of the aforementioned decree.

If an event permit is required, the use notification is part of the event permit application. In all other cases, such as a notification for a permit-free event, the use notification must be submitted pursuant to Section 2.2 of the bgbop Decree at least 4 weeks before the activity begins. During these four weeks, the municipality checks all data submitted for completeness. Article 2.3 of the Decree on bgbop specifies which data must be complete. If necessary, the competent authority can request additional information.

7.7 Road safety

The municipality can attach conditions and regulations regarding traffic safety to the organization of an event. These conditions and regulations may vary per event, but are based on the Road Traffic Act and the Traffic and Traffic Signals Regulations. Nevertheless, the organizer himself is responsible for implementing, supervising and enforcing (temporary) traffic measures. This includes requesting and placing traffic signs, deploying certified traffic controllers, etc. If possible, the municipality can play a facilitating role. Think here of making traffic signs available.

7.8 Environment, waste

The municipality attaches conditions and regulations to the organization of an event regarding environment, waste. For example, the organizer is obliged to clean up the event site, located in the public domain, at least once a day. In addition, the organizer is obliged to return the event site within 24 hours of the end of the event, clean and in its original state. If this does not happen or not adequately and the municipality has to take care of these matters, all costs will be charged in full to the organizer.

7.9 Environment, flora & fauna

The municipality attaches conditions and regulations regarding the environment, flora & fauna to organizing an event. These conditions and regulations may vary per event, but are based on the Nature Protection Act.

7.10 Security

The municipality attaches conditions and regulations regarding security to organizing an event. These conditions and regulations may vary from event to event. For example, the organizer is required to have at least one security guard for every 250 visitors.

7.11 Overnighting/Camping

The municipality attaches conditions and regulations to overnighting / camping during an event. Based on Article 4:18 of the General Municipal Bye-Law (APV) it is prohibited to stay overnight / camp during an event without an exemption from the Municipal Executive. An organizer must therefore apply for an exemption from the municipality for this. 21 When there is an overnight stay during the event, the overnight stay does not count towards the end time of the event. The end time will be equal to the end time of the last activity.

7.12 External communication

The municipality attaches conditions and regulations regarding external communication to the organization of an event. These include communication to local residents and/or business owners with information about the event. These conditions and regulations may vary per event.

7.13 Advertising

The municipality attaches conditions and regulations to the advertising of an event. For example, based on Article 2:42 of the General Municipal Bye-Law (APV) it is prohibited to advertise an event without a permit from the Municipal Executive. An organizer must indicate this when applying for a permit for the event. When approved, the organizer receives with the event permit a sticker sheet with codes which can be stuck on the advertising to be used.

7.14 Liability

The municipality attaches conditions and regulations regarding liability to the organization of an event. For example, the organizer is liable for all damage caused to property of the municipality and/or third parties through the use of the granted permit.

7.15 Dues

The municipality charges fees for processing an application for a permit to organize an event requiring a permit, as referred to in the current Events Memorandum and Article 2:24 of the General Municipal Bye-Laws. Fees rates are based on the "categorization of events" described in the prevailing Fees Ordinance.

7.16 Drugs

Offering, acquiring, using or dealing drugs and nitrous oxide is prohibited under Article 2:74 (drug dealing on the street) and 2:74a (overt drug use) of the APV. The organizer of an event is responsible for strict compliance with this prohibition.

7.17 Weapons and sharp objects

Weapons and objects that can be used as weapons are not allowed on the premises. Unless the object in question represents a legitimate function (for example, the tools of a cook) or if the object in question is in the possession of someone with a permit to do so. In this case, the organization must make every effort to keep the object away from visitors.

8.1 Event

Article 2:24 and Article 2:25 of the General Local Bye-Laws (APV) provide the basis for the collective term "event" and applying for an event permit to organize an event.

8.2 Application and decision

Based on the General Administrative Law Act (AWB), an application for an event permit can be understood to mean: 'the submission of a request by an interested party to make a decision.' Subsequently, based on Section 1:3 of the General Administrative Law Act (AWB), the decision on an application for an event permit can be understood as: 'a written decision by an administrative body, containing a legal act under public law.'

8.3 Grant or deny

Based on Article 2:25 of the General Municipal Bye-Law (APV), the mayor is the authorized and administrative administrative body within the municipality to grant or refuse an event permit. In granting an event permit, the mayor, as the authorized administrative body, may set conditions and regulations which an event organizer must comply with. The mayor may also refuse an application for an event permit based on the grounds for refusal described in Article 1:18 and Article 2:25 paragraph 2 of the General Municipal Bye-Law (APV).

8.4 Duty to publish

Under Section 3.6 of the General Administrative Law Act (AWB), the municipality is required to notify the organizer in writing of its decision to grant or refuse an event permit and to publish it on its website.

8.5 Objection and appeal

Chapter six of the General Administrative Law Act (AWB) focuses on the objection and appeal procedure of the Standard Preparatory Procedure. Chapter 3.4 of the General Administrative Law Act (AWB) focuses on the appeal procedure of the Uniform Public Preparation Procedure.

8.6 Conditions and regulations

In addition to the test based on the General Municipal Bye-Law (APV), an application for an event permit must also be tested against other laws, executive orders, municipal regulations and memoranda. Based on these laws and regulations, the mayor can decide to impose (additional) conditions and regulations for organizing an event/granting an event permit. Below are some examples on the basis of which the mayor may decide to impose (additional) conditions and regulations:

• Liquor and Catering Act;
• Decree on fire-safe use and basic emergency services other places
• Building Code;
• Building Code;
• Road Traffic Act;
• Traffic Controllers Regulation;
• Nature Protection Act;
• Sunday Law;
• Zoning 23
• Environmental Law General Provisions Act;
• Environmental Management General Rules Decree (Barim).
• AWB

The mayor is the authorized and governing body in cases including:

• Parades, in the sense of demonstration, pursuant to Article 2:3 of the General Local Bye-Law (APV);
• Closing times of catering establishments pursuant to Article 2:29 of the General Local Bye-Law (APV);
• Temporary liquor and catering license under Section 35 of the Liquor and Catering Act.

The Board of Mayor and Aldermen (B&W) is the authorized and administrative governing body in cases including:

• Traffic Orders under the Road Traffic Act and the Road Traffic and Traffic Signals Regulations (RVV);
• Exemptions for producing noise pursuant to Article 4:46 of the General Local Bye-Law (APV).

8.7 Enforcement

Based on the General Administrative Law Act (AWB), the municipality is authorized to deploy administrative law enforcement means when acting in violation of the conditions and/or regulations as stated in the granted event permit. Based on Section 172 of the Municipalities Act, the mayor is authorized to deploy enforcement means deemed necessary for the maintenance of public order.