Warehouse or trade, what is the legal status of “dark stores”, these places with dark storefronts that swarm in town to allow new players in quick trade, such as Getir or Flink, to deliver their customers in 15 minutes?
The government announced on Tuesday, September 6 that the question was settled: these establishments will now have to be considered as warehouses, and no longer businesses. The government considered that the legal status of commerce was not suitable for these premises, even if they generally happen to be old shops converted for storage and preparation of deliveries, because they are not designed to accommodate the public. .
The entrances are also not very welcoming, and the storefronts very dark. Once the orders have been prepared on site, they are immediately entrusted to scooter or bicycle delivery people, who may be employees or external service providers.
A ministerial decree in the pipes
Olivia Grégoire, Minister Delegate in charge of Small and Medium-Sized Enterprises, Trade, Crafts and Tourism, and Olivier Klein, Minister Delegate for Cities and Housing, brought together this Tuesday the associations of elected officials, the elected officials of the cities and the metropolises affected by the establishment of dark stores and dark kitchens at the negotiating table. In a press release, Bercy welcomed the quality of the exchanges which “made it possible to reach a solution adapted to these new activities”.
In terms of town planning, the point to remember is therefore that dark stores, which until now could be classified as warehouses or shops, due to a legal vagueness in the matter, will now only be considered as warehouses, even if they have a pick-up point. In the past, some dark stores were able to circumvent certain local planning rules, for example, by setting up in premises that could not be used as a warehouse.
On the other hand, for the dark kitchens (those kitchens which are used to prepare only dishes intended for delivery), it has been recorded that a new specific category will be created, specifies Bercy.
A ministerial decree should be issued soon to specify these new terms, which will make it possible to regulate the installation of dark stores and dark kitchens in the city.
Quick trade, subject of an upcoming consultation with parliamentarians
Local elected officials are more in favor of such regulation. Dark stores are far from unanimous in the most affected urban areas. In the capital in particular, where there are around sixty dark stores, the mayor of Paris had denounced this summer a draft ministerial decree which would have allowed these places with dark windows to be considered as places of commerce or catering as long as they have a collection point open to the public.
The government has promised with this new text that there will be no more legal uncertainty. Companies that have not made the legal changes will be in violation and will “most likely” have to close at the end of the legal procedure, assured Minister Olivier Klein.
At the end of this back-to-school consultation, the ministers recalled that “the mayors have, with their police powers, the legal means to neutralize the nuisances generated by these activities, in terms of parking, traffic and cleanliness”. .
The ministers also proposed to the elected officials to initiate “a concerted work on the more general subject of quick trade, in the weeks to come, in conjunction with the parliamentarians concerned”.