The Central Netherlands court has canceled the intention of the mayor of Veenendaal to ban the sale of laughing gas in the catering industry. “The sale of nitrous oxide does not violate the Opium Act and public order in Veenendaal is currently not disrupted by the sale of nitrous oxide in the catering industry,” the court ruled in a case brought by two cafe owners.
Mayor Kats is afraid that the use of laughing gas causes health damage among young people. That is why he decided at the beginning of last year to include a ban on its sale in operating licenses for the catering industry.
The objections committee of the municipality already warned that the mayor is not authorized to institute such a ban, but Kats ignored the advice. According to the two owners, the mayor could not invoke the importance of public order, because there was no question of disruption of this through the use of laughing gas.
The court agrees with the operators on both points and adds that nitrous oxide is not currently in violation of the Opium Act. This means that the availability and sale of laughing gas in themselves do not constitute an infringement of public order.
The court says it understands well that the mayor is concerned about the use of laughing gas among young people and that he wants to do something as long as nothing has been arranged nationally. But that is a task for the legislator and not for a mayor, according to the court.
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