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HOTREC ‘MEAL-SHARING’ PLATFORM POLICY PAPER – MAY 2018
3.4. Policy Developments
in European Countries
Home restaurants have provided consumers with an alternative
series of options on dining experiences, but have also drawn
the attention of destination authorities in specific countries
- especially where hospitality associations have raised their
voice on various concerns. The current section examines
some of these examples and sets forth a starting point for
the systematic monitoring of policy developments and home
restaurant regulations by HOTREC and its Member Associations.
Italy
A legislative proposal was made by the Parliament in January 2017
which has lapsed because it was not finally approved by both
Chambers. Εven if it was weak, the Proposal of the Parliament
n.3258 represented a good starting point for future regulation
of the sector. According to Fipe (Federazione Italiana Pubblici
Esercizi) the previous draft of the Parliament Proposal n.3258
gave the chance to regulate some relevant aspects such as:
•
the provision of the maximum requirements of the activity
(500 guests and €5.000 per year);
•
the provision of the moral requirement of the cooks;
•
the processing of money transaction via online electronic
systems exclusively;
•
the provision of two Ministerial Order to regulate health and
safety and security regulation and avoid alcoholism.
Some aspects need further improvement, such as the
implementation of controls or the provision of Certified Start of
Activity Report (SCIA). On Tuesday 18th of April 2018 the Italian
Parliament announced the presentation of a new Proposal
regarding the home restaurant phenomenon. FIPE will continue to
monitoringandtocontributetotherealizationofaproperregulation.
The Netherlands
Here there is a good example of how a hospitality association
(Koninklijke Horeca Nederland, KHN) can take initiatives so as to
prompt policy discussions and contribute to knowledge-building
with regard to the ‘collaborative’ economy and home restaurants.
•
In 2017, KHN communicated the industry’s concerns for
hygiene and safety conditions on various occasions including
the organization of Airdnd (then ShareDnD) Restaurant
Week
26
.
•
For KHN, compulsory registration of home cooks is
the stepping stone for facilitating the introduction and
enforcement of regulations on home restaurants
27
.
•
In a report published in May 2017, the Rathenau Institut
revisited the concerns of all stakeholders involved in policy
discussions including KHN. The report also highlighted the
reluctance of Airdnd to share data of hosts with destination
authorities due to privacy issues. For the Rathenau Institut,
that is another key obstacle for law enforcement. All possible
solutions (e.g. the involvement of an independent third party)
should be subject to assessment by Dutch authorities
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.
•
Further to this report, the Ministry of Economy stated
that all online platforms should assume responsibility for
safeguarding relevant public interests and preclude a series
of agreements between platforms such as Airdnd and the
Dutch Food and Consumer Product Safety Authority
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.
•
Since then KHN has continued to inform relevant institutions
and politicians including the House of Representatives
30
and
the State Secretary for Economic Affairs on the matter of
‘collaborative’ economy practices such as home restaurants.
•
It also published in January 2018 an opinion paper for
both short-term rentals and home restaurants including
policy recommendations (e.g. compulsory host registration,
obligation for platforms to share data with state authorities,
use of thresholds, etc.)
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.
France
In November 2017, the Ministry of Economy had the chance to
clarify which regulations apply in the case of home restaurants
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.
•
‘Collaborative’ economy practices of this kind do not
differ from licensed establishments that provide food and
beverage, because remuneration is given to the home cook
in return for a service.
•
Remuneration is another reason why the income earned by
home cooks is taxable, when their meals are provided to
individuals with whom they have been connected through
online platforms.
Germany and Spain
•
These are 2 countries where hospitality associations
including FEHR
34
and DEHOGA
35
have put forward their
explicit views on home restaurants. In both cases, the key
message is that over-burdened restaurants and cafes with
regulatory requirements face an unprecedented challenge,
when public authorities fail to control online platforms and
service providers and thus missing the target of a level-
playing field.