A shop in the center may continue to sell tea in sealed cups for the time being. The municipality found that the building was used for catering activities, but the preliminary relief judge thinks otherwise.
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On January 26, the owner of the municipality was told to close the business. According to the municipality, the main purpose of the company is “to provide drinks for consumption on site for a fee”.
kitchen
This would become apparent, for example, from the layout of the space, the way in which the tea was presented and the professional kitchen. Since the tea was in a takeaway cup, was warm and foamy, it could be drunk immediately. This would fall under the category of catering and that is not allowed according to the zoning plan.
The owner objected and also went to the preliminary relief judge. She said it is not about hospitality business, but about retail. Her business is a “tea concept store”. There are no seats in the store. The bubble tea according to her, it is not for direct consumption, but rather comparable to a meal salad that is taken with you to eat elsewhere.
Not necessary
The preliminary relief judge finds that the municipality has not made it sufficiently clear that it concerns the catering industry. It is not yet a final judgment, but dImmediately stopping the sale of tea is not necessary due to the lack of proper motivation.
The municipality must also pay the legal costs (1068 euros) and the court fee (360 euros).
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