Mayors close down around 1 to 5 properties a year in connection with drug trafficking. But does that actually help?

In recent years, mayors in the Netherlands have closed an average of between one and five premises per year in connection with drug trafficking. This is according to research carried out by the Faculty of Law at the University of Groningen.

Els Schipaanboord, Michelle Bruijn and Michel Vols were commissioned by the government to investigate the application of the Damocles Act, formally Article 13b of the Opium Act, during the period 2021 to 2023. The application of the Act is monitored every three years; this was done for the first time in 2021. The research was sent to the House of Representatives on 14 April.

Under the Damocles Act, mayors can take action if soft or hard drugs are being sold in or near a property, if drugs intended for trade are present on the premises, or if items are found on the premises that could be used for the sale or production of drugs. The Act empowers mayors to issue a warning, impose an order subject to a penalty payment or, as a last resort, close rented and owner-occupied homes, shops or other premises.

Key findings

Among other things, the study shows how many properties were closed between 2021 and 2023, what differences exist between local authorities, how often citizens lodge objections and appeals, and how often they successfully challenge the mayor’s decision.

The researchers sent a questionnaire to all 342 municipalities in the Netherlands. More than 60% of the municipalities responded. The researchers also examined all policy documents from the 45 largest Dutch municipalities and analysed hundreds of court rulings on the closure of premises.

More than half of the municipalities state that drug trafficking and cannabis cultivation occur to a limited extent in their municipality. In a third of the municipalities, drug trafficking occurs to a significant extent; in just over a quarter of the municipalities, this applies to cannabis cultivation. According to the municipalities, there are few or no drug laboratories. Coffee shops cause little nuisance. Smaller municipalities experience the fewest problems.

A large majority of mayors apply the Damocles Act. Their aim is to put an end to drug-related offences and prevent them from recurring. In addition, other – non-legal – objectives also play a role, such as improving the residential and living environment, restoring public order and sending a message to the neighbourhood. The majority of mayors close between 1 and 5 properties per year. These are mainly rental properties.

Penalty orders used less frequently, but positive experiences

Although property closure is the most commonly used measure, the research shows that there have been positive experiences with penalty orders. According to local authority officials, both a penalty order and a closure lead to the cessation of the undesirable situation in almost half of the cases. A warning achieves this in around 40 per cent of cases.

The researchers note that mayors are now more likely than before to consider the penalty order as a solution, as it has less severe consequences than a closure. Closure often causes major problems for those evicted from their homes. This applies particularly to people in social housing: following a closure, they have no or limited access to new social housing for several years. Moreover, it can cause stress, additional costs, exacerbation of existing mental health issues and, where children are involved, family breakdown. Landlords face significant financial consequences, as they are left with an empty property and no rental income.

When an appeal is lodged against a measure, it usually concerns the decision to close a property. This rarely happens in the case of an order subject to a penalty. The court will declare an appeal well-founded in particular if the decision is not properly substantiated, and especially if the necessity of the measure is not properly substantiated. A lack of alternative accommodation has been a reason for upholding the appeal in several cases.

Little insight into the consequences

In addition to the study on the application of the Damocles Act, Schipaanboord, Bruijn and Vols also contributed to a study on the contributions and consequences of the Act. This study was led by Pro Facto and was also sent to the House of Representatives on 14 April. The study examined the intended effects of the Damocles Act and the consequences this has, amongst other things, for the offender.

Among other things, this study shows that inspections following the imposition of a sanction often fail to take place. Neither the police nor local authority officials check whether the closure of a premises actually resolves the problems, whether there is a recurrence of offences, or what effect the application of the Damocles Act has on combating drug-related crime within the municipality. Many mayors wish to send a signal to the neighbourhood or other drug offenders through a closure, but have no insight into what the effects of this are.

It appears that local authorities have little insight into the consequences for those involved, including the offender. No investigation is carried out into this by the local authority or the police, and it is not monitored.

Recommendations

The researchers have a number of recommendations for mayors, policymakers and the government. They propose the following:

• Mayors should draw up regional policy. This will help avoid significant differences between local authorities. It is important to investigate the effects of regional policy.
• Ensure that closure is not an automatic response; investigate whether the same effect can be achieved with a less severe measure and pay particular attention to the consequences for residents, including children under the age of 18.
• Include the tenancy law implications of closures in the next monitoring report
• Provide mayors with greater options regarding the penalty payment order
• Draw up a national framework for action to ensure greater structure, transparency and predictability in the application of the law.

The full report can be found on the WODC website.