Under § 36 (1) 1) of the Alcohol Act and considering subsection (2) of the same section:
1. In
the interests of ensuring public order, the right of retail sale of alcoholic
beverages in a place of business where the retail sale of alcohol is permitted
for consumption on the premises is suspended throughout the state from 22:00 to
10:00.
2. The
restriction referred to in clause 1 does not apply:
1) on board of aircraft used for international carriage of passengers or
to places of business inside the security restricted area of an international
airport and places of business located beyond the boarding gates in the waiting
area of a passenger terminal of an international port;
2) to minibars in the guest rooms of an accommodation establishment upon
the provision of accommodation services and during breakfast.
3. The
Ministry of Economic Affairs and Communications is to promptly deliver this
Order through the Register of Economic Activities to persons engaged in retail
sale of alcohol.
4. Under
§ 49 (4) of the Alcohol Act, state supervision over compliance with
the requirements related to the retail sale of alcoholic beverages and the
restrictions on the consumption of alcoholic beverages is exercised by rural
municipalities or city governments in their respective administrative
territories.
5. This
Order takes effect upon signing. Clauses 1 and 2 take effect on
1 April 2021. This Order will remain in effect up to and including
30 April 2021.
6. This
Order shall be published in the official gazette Riigi Teataja and on the
website kriis.ee.
7. Broadcasters
shall publish this Order promptly.
For the
protection of the life and health of people and overriding public interest,
including the continuity of the state, this Order establishes a restriction on
the freedom of enterprise for preventing the spread of the coronavirus
SARS-CoV-2 causing COVID-19.
As
currently in effect, the Government of the Republic Order No. 76
“Suspension of right of retail sale of alcoholic beverages from 22:00 to 10:00”
of 19 February 2021 has suspended, in the interests of ensuring public
order, the right of retail sale of alcoholic beverages in a place of business
where the retail sale of alcohol is permitted for consumption on the premises
throughout the state from 22:00 to 10:00 from 1 March 2021 up to and
including 31 March 2021.
This
Order imposes the restriction for another period of time because the spread of
the coronavirus SARS-CoV-2 causing COVID-19 is still wide and infection rates
are still high in Estonia. The intensity of contracting COVID-19 is currently
extremely high and no decline can be seen. On the Health Board’s decision, a
health emergency was declared due to the wide spread of the coronavirus in
Estonia, on the basis of which in-patient specialised medical care and general
medical care have been re-arranged to prevent the present situation from
escalating.
These
restrictions serve the purpose of preventing and stopping the spread of the
coronavirus SARS-CoV-2 causing COVID-19. The need to impose the restriction on
the right of retail sale of alcoholic beverages again arises from the
epidemiological situation faced by Estonia. Compared
to Government of the Republic Orders No. 322, 348, 412, 10 and 76 the
spread of the coronavirus is still extensive. All comparable figures are
significantly higher than at the time the aforesaid Orders were passed.
When
Order No. 76 was passed, according to the Health Board’s data of
16 February 2021, 622 tests came back positive in 24 hours and the
morbidity rate per 100,000 inhabitants for the past 14 days was 637.6 and
initial positive tests accounted for 10.9% of the total number of tests. Over
19,200 people were being monitored by the Health Board. As per
17 March 2021, 1784 tests came back positive in 24 hours, that
is 20.7% of the total number of tests. Within 24 hours, a total of 87 new
COVID-19 cases were opened in hospitals. 690 persons have been
hospitalised. 48 patients are on mechanical ventilation and 66 are in intensive
care. Six deaths occurred in the last 24 hours. A total of
745 persons infected with the coronavirus have died in Estonia since the
outbreak of the pandemic. According to the Health Board the COVID-19 situation
in health care institutions is extremely critical and the morbidity is high
across Estonia. A more infectious strain of the coronavirus is spreading
rapidly. More and more people need hospital treatment and free beds are scarce.
New beds can only be provided at the expense of scheduled treatment. The above
shows that the virus is spreading widely across Estonia and the health care
system is under great pressure. It is likely that scheduled treatment must be
rearranged further or restricted more extensively in the coming weeks than it
has been necessary so far.
According
to this Order, the right of retail sale of alcoholic beverages in a place of
business where the retail sale of alcohol is permitted for consumption on the
premises is suspended from 22:00 to 10:00.
According
to the Order, the restriction on the right of retail sale of alcoholic
beverages does not apply on board of aircraft used for international carriage
of passengers or to places of business located beyond the boarding gates in the
waiting area of a passenger terminal of an international airport and an
international port. An exception is made for places of business located in an
area intended only for passengers in an airport and a port open for
international traffic, in other words in the waiting area of a port or an
airport beyond the boarding gates but before the boarding of passengers and on
board of aircraft engaged in international flights. Access to
the security restricted area of an airport and to the waiting area of a port is
only possible for a charge and with a passenger ticket. In
connection with these areas it is possible, where necessary, to later identify
persons because it is known to which flight and seat or to which watercraft the
persons are headed.
An
additional exception is made for guests staying overnight at an accommodation
establishment for consuming alcoholic beverages using the guest rooms’ minibars
and during breakfast. Catering will also be subject to additional restrictions
as provided for in sub-clause 8 of clause 2014 of
Government of the Republic Order No. 282 “Measures and restrictions
necessary for preventing the spread of COVID-19” of 19 August 2020.
According to said sub-clause, when offering accommodation services with
catering, accommodation establishments will be required to find alternative
measures for catering clients instead of using hotel’s catering facilities, for
example offer room service while it is not allowed to be at the catering
establishment’s sales or seating area. Minibars
are not usually locked, making it harder to implement the restriction. This
exception only applies to guests staying overnight at an accommodation
establishment who have access to the minibar in their room and who at breakfast
can enjoy alcoholic beverages included in their package. During the time the
restriction is in force this exception does not extend to other sections or
rooms of an accommodation establishment; therefore, during the restriction,
alcoholic beverages may not be available, for example, in a drink vending
machine in the foyer or the hall or in the lobby bar.
The
Government of the Republic has also imposed new and even stricter restrictions
because at the time the Order is passed, i.e. in March 2021, the viral epidemic
is not just a great but also a serious threat for the purposes of
§ 5 (3) and (4) of the Law Enforcement Act. The Government of the
Republic Order No. 282 “Measures and restrictions necessary for preventing
the spread of COVID-19” of 19 August 2020 imposed across Estonia
additional restrictions on being and moving around in stores, entertainment
facilities and catering establishments, carrying out sports competitions and
sports and exercise events was restricted, and additional restrictions were
also imposed on engaging in sports, training, youth work, hobby activities,
hobby education and refresher training, all applicable from 11 March 2021
up to and including 11 April 2021. While the restrictions are in effect,
customers are not allowed to be in entertainment facilities. It is not allowed
to be in catering establishments’ sales or service areas, except for the
purpose of takeaway or provision of delivery or transport services.
Implementing
the restrictions on customers’ freedom of movement is based on information from
the Health Board, according to which COVID-19 caused by the coronavirus
SARS-CoV-2 is an infectious disease that spreads from one person to another by
way of droplet infection, primarily upon close contact with an infectious
person. This means that a person can contract the virus when in close contact
with an infected person or through contaminated surfaces or hands. The virus
spreads more extensively indoors and mostly endangers people in risk groups.
The
imposition of this restriction also has the support of the Science Council
advising the Government of the Republic and of the Health Board.
Under
§ 61 (1) of the Administrative Procedure Act, an administrative act
is in force as of notification thereof or delivery to the addressee, unless a
later entry into force is prescribed in the administrative act.
Therefore, the Ministry of Economic Affairs and Communications is required to
deliver this Order to the addressees. Since economic operators engaged in
retail sale of alcohol are registered in the Register of Economic Activities,
the Order can be delivered by using said channel. According to
§ 27 (2) 3) of the Administrative Procedure Act, a document made
available or transmitted by electronic means is deemed to be delivered when the
document or notice on making the document available has been forwarded to the
e-mail address of a company entered in the commercial register.
Pursuant
to § 36 (2) of the Alcohol Act, if the right of retail sale of
alcoholic beverages is suspended throughout the state, throughout a county or
throughout the administrative territory of a local government, the holder of
the right of retail sale of alcoholic beverages shall be notified thereof
immediately through the media. Therefore, the Order also requires broadcasters
to publish the Order immediately.
This
Order takes effect upon signature, subject to the specification that the
restriction on retail sale of alcohol and the exceptions to the restriction
take effect on 1 April 2021, giving the persons concerned enough time to
make relevant arrangements for their activities and duly comply with the Order.
This Order will remain in effect up to and including 30 April 2021. When
the term of validity of this Order was determined, it was taken into account
that the term of validity will provide extra help in preventing the spread of
the coronavirus SARS-CoV-2 causing COVID-19.
Failure
to duly comply with measures for preventing the spread of the coronavirus
SARS-CoV-2 causing COVID-19 will prompt the application of the administrative
coercive measures set out in § 28 (2) or (3) of the Law Enforcement
Act. According to § 23 (4) of the Law Enforcement Act, the amount of
penalty payment is 9600 euros. This penalty payment, which serves the
purpose of enforcing the restrictions imposed by this Order and preventing the
spread of the virus, may be imposed repeatedly.
This
Order can be appealed against by filing a challenge with the Government of the
Republic pursuant to the procedure provided by the Administrative Procedure Act
within 30 days as of the day the relevant person became or should have
become aware of the Order. This Order can also be appealed against by filing an
action with the administrative court pursuant to the procedure provided for in
the Code of Administrative Court Procedure within 30 days as of the day of
announcement of this Order.
The explanatory memorandum to the Order is available on the website kriis.ee.
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