Tourism Law in Europe

3 be open for the public – not just a small exclusive group of people. In addition, there has to be serving of food for instance breakfast and the serving has to be connected to the place of accommodation. It is, however, accepted that the provider of the serving of food is someone other than the owner of the accommodation. If the accommodation includes houses or cabins and they are rented out for more than 5 nights in a row, the accommodation is no longer exempted from the requirement for a license. However, if the accommodation facility complies with the conditions of being categorized as a hotel, it still needs a permit to sell alcohol according to the law on Liquor Licence 6 3.2. Private accommodation 3.2.1. Summerhouses Previously, the most relevant area of regulation in regards to private accommodation was the letting of summerhouses. A summerhouse is here defined as a house the owner only lives in parts of the year, and in addition to the summerhouse, the owner has a permanent residence in another house. This area is regulated in the Law of Letting of Property for the Purposes of Holiday and Leisure etc. 7 . Along with Article 40 of the Law on Planning, the area is regulated by a line of restrictions. The purpose of regulating this area is twofold. Along with the Law of Acquisition of Real Estate 8 , one of the purposes is to prevent foreigners 9 and legal persons buying up Danish holiday houses – preventing that the letting of holiday houses becomes a business. Also, the strict regulation is seen as a way to hinder potential stress on the recreational areas protecting the environment and nature. 10 6 Lovbekendtgørelse 2019-07-05 nr. 692 om restaurationsvirksomhed og alkoholbevilling m.v. (Consolidated Law of Restaurants, Liquor License etc.) 7 Lovbekendtgørelse 2013-07-03 nr. 949 om udlejning af fast ejendom til ferie- og fritidsformål m.v. og campering m.v. med efterfølgende ændringer (Consolidated Law of Letting of Property for the Purposes of Holiday and Leisure etc.). 8 Lovbekendtgørelse 2004-21-03 nr. 265 om erhvervelse af fast ejendom (Consolidated Law on acquisition of Real Estate). 9 See also the Protocol 32 on the Aquisition on Real Estate in Denmark regarding the Treaties of the European Union. 10 Forslag til lov om ændring af lov om sommerhuse og campering m.v., lov om midlertidig regulering af boligforholdene og byggeloven LFF 2019-02-27 nr. 188 section 1 (Proposal of Law amending the Law on Summerhouses etc.)

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