Seven night grocers from Montpellier filed an appeal before the administrative court on Wednesday to denounce the municipal decree which requires them to close Thursday to Monday from 10 p.m. to 7 a.m. .
Justice rendered its decision on Thursday: the character of extreme gravity and extreme urgency is not constituted as it stands, the appeal is therefore inadmissible.
Of 190 grocery stores in Montpellier, only 12 are problematic
The grocers accuse the town hall of discrimination. In court, they highlighted the losses they suffered with these closures, explaining that the noise pollution was not caused by the night grocery stores. “There are 500 bars in Montpellier, 2000 restaurants on which we do not impose such restrictive measures when they too sell alcohol” explains Maitre Maxime Martinez, lawyer for grocers who denounces the 2 weights, 2 measures. “Online sales platforms are not worried when I was delivered vodka, whiskey and rum one evening on the steps of the Saint Roch church in 5 minutes. Of the 190 grocery stores in Montpellier, 12 pose a problem today, they must be controlled so as not to penalize everyone.” We also recall that these opening restrictions have existed for 10 years now in Montpellier.
We can’t be told that all the problems at night in Montpellier come from the night grocery stores!
For Amar Benbouzid, grocer on rue de l’aiguillerie in Montpellier, targeting night groceries is unfair. “We already had to close during the Easter holidays and in front of my grocery store, whether I’m open or closed, it’s the same: there’s noise, there are people, they’re outside, nothing changes. . Let them tell us that all the problems in Montpellier are because of the night groceries! That’s really false. Just come in the evening and see what is happening in Montpellier, downtown or elsewhere. You will quickly understand the situation! There are some who do not respect the rules, you have to hit them, which is normal. but we don’t hit all the bars, all the nightclubs, all the grocery stores. That is an arbitrary measure. “
The argument to say that because you can drink alcohol in bars, you should be able to sell it in grocery stores is not audible
Opposite, the lawyer for the town hall of Montpellier argues that for residents, it is easier to tolerate the nuisance caused by bars or restaurants than those caused by customers of grocery stores who stay in the street to consume. “Can’t compare restaurants and bars where people consume on the spot, with what is seen in night grocery stores, in places where people come to make a purchase and then go either to their homes or to the street. For residents, we can tolerate the activity of a restaurant and a bar. Customers of nighttime grocery stores can also be legitimately expected to leave after their purchase. And the thesis which consists in saying yes, but as on the one hand, it consumes alcohol, we should also be able to sell it. It is not an argument that is audible.” explains Romain Geoffret, lawyer for the town hall of Montpellier.
The grocers will deposit a new appeal in summary proceedings which will be examined on July 4th.