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 May
2021. This Order will remain in effect up to and including 31 May 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. 116
“Suspension of right of retail sale of alcoholic beverages from 22:00 to 10:00”
of 18 March 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 April 2021 up to and
including 30 April 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 infection figures have slightly improved but the
infection rates are still very high and there is great strain on the health
care system. 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 ensure, above all, the availability of health care services for
the treatment of corona patients and subsequently other cases of illness.
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, 76 and 116 the spread of the
coronavirus is still extensive. All comparable figures are lower than at the
time Order No. 116 was issued, but higher than at the time Orders
No. 322, 348, 412 and 10 were issued and equal to when Order No. 76
was issued. Despite the fact that morbidity is on the decline as a result of
the restrictions imposed, the level of morbidity across Estonia has remained
very high and the health care system’s workload is still extremely high.
At the time
Order No. 116 was issued, i.e. 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 had been hospitalised. 48 patients were on
mechanical ventilation and 66 were in intensive care. Six deaths occurred in
the last 24 hours. By that time, a total of 745 persons infected with
the coronavirus had died in Estonia since the outbreak of the pandemic. As per
21 April 2021, 472 tests came back positive in 24 hours, the
morbidity rate per 100,000 inhabitants for 14 days was 536.20 and initial
positive tests accounted for 11.09% of the total number of tests. The
percentage of people who are unaware of from whom and where they got the
infection remains high. In terms of infection rates Estonia ranks at the top
compared to other European Union Member States. In Finland the morbidity rate
per 100,000 inhabitants for 14 days is 105.9, in Latvia 344.3 and in
Lithuania 444.4. According to the Health Board, the COVID-19 situation in
health care institutions is critical. A more infectious strain of the coronavirus
is currently spreading fast, but the risk of new strains spreading, above all
the South African and Brazilian variants, is very high. The above shows that
the spread of the virus across Estonia is extensive.
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 is also subject to additional restrictions as
provided for in Government of the Republic Order No. 282 “Measures and
restrictions necessary for preventing the spread of COVID-19” of 19 August
2020.
Furthermore,
even stricter restrictions are in place up to and including 2 May 2021
because at the time the Order is passed, i.e. in April 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 has imposed across Estonia
additional restrictions on being and moving around in stores, entertainment
facilities and catering establishments, and carrying out sports competitions
and sports and exercise events has been restricted, all applicable from
11 March 2021 up to and including 2 May 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. As
of 3 May 2021 these restrictions will change in part.
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 May 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 31 May 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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