Supermarkets staying open later than law allows, increasing risks

GREAT BAY--Some supermarkets in St. Maarten are staying open past the legally allowed 11:00p.m. closing time, with reports of operations stretching toward midnight or later. The practice, while common in certain areas, is technically in breach of the law and has sparked concern about both compliance and late-night safety. It also highlights lax enforcement methods.

Under current regulations, supermarkets, beauty supply stores (wholesale and retail), hair salons, and barber shops are granted exemptions to operate until 11:00 p.m., including Sundays. Gas stations and their attached convenience stores have even broader allowances, with 24-hour opening permitted every day of the week.

However, in the wake of a recent late-night robbery at a supermarket (the same establishment was robbed twice already this year late at night), members of the public have questioned how some businesses remain open well beyond these hours. Many believed that any opening after 11:00 p.m. was prohibited, and while the law does set that as the limit, the lack of consistent enforcement has allowed some operators to stretch the rules.

The law also places responsibility on store owners to take safety and security measures to ensure a safe shopping environment for their customers. When businesses remain open later than permitted, they not only risk violating regulations but also increase their exposure to security threats, especially in the absence of adequate late-night policing. Those threats will, by circumstance, will extend to people who might be in these supermarkets and could be caught in a violent crime.

The responsibility for monitoring opening hours has historically fallen to police officers, particularly since many businesses close outside the standard working hours of economic controllers. Since the establishment of the Multi-Disciplinary Control Unit, comprising economic, health, and labor controllers along with police officers, the recommendation has been to assign these joint teams to oversee opening hours checks. But these inspections are not carried out as frequently as they should be.

The legal framework governing business hours in St. Maarten dates back to 1996, when the government approved a policy allowing stores in certain areas to open later than the then-regulated hours. In 2009, the concept of “shopping night” (Koopavond) was introduced, letting stores on the Dutch side stay open until 9:00 p.m. on Thursday evenings (This concept seemed to have been abandoned). With the island’s social and economic conditions evolving, these rules were later amended to further liberalize business hours.

With the Control Unit in place, there is an opportunity to revisit and potentially liberalize opening hour regulations even further. But until such changes are made, the law remains clear: supermarkets have permission to operate until 11:00 p.m., not beyond, and store owners must balance business ambitions with their obligation to maintain safety.

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