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Suspension of right of retail sale of alcoholic beverages from 00:00 to 10:00

Passed 15.10.2020 No. 348

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 00:00 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 on their respective administrative territories.

5. This Order takes effect upon signing. Clauses 1 and 2 take effect on 25 October 2020 and will remain in effect up to and including 24 November 2020.

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, this Order establishes a restriction on the freedom of enterprise for preventing the spread of the coronavirus SARS-CoV-2 causing the COVID-19 disease.

By the Government of the Republic Order No. 322 “Suspension of right of retail sale of alcoholic beverages from 00:00 to 10:00” of 17 September 2020, 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 was suspended throughout the state from 00:00 to 10:00 from 25 September 2020 up to and including 24 October 2020.

In the interests of ensuring public order, the right of retail sale of alcoholic beverages in places of business where the retail sale of alcohol is permitted for consumption on the premises is suspended by this Order throughout the state from 00:00 to 10:00 starting from 25 October 2020. These restrictions serve the purpose of preventing and stopping the spread of the coronavirus SARS-CoV-2 causing the COVID-19 disease.

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 exception is also made for guests staying overnight at an accommodation establishment for consuming alcoholic beverages on the premises using the guest rooms’ minibars and during breakfast. Accommodation services that include a minibar and also breakfast where, for example, sparkling wine is available are usually sold to guests in advance. The risk of the virus spreading in guest rooms or at breakfast tables is insignificant because there are not many people in those rooms at the same time and there is also no problem with later identifying contacts because accommodation establishments keep accurate records of their guests staying overnight. And 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 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.

Accelerated and wider spread of the coronavirus SARS-CoV-2 causing the COVID-19 disease in Estonia and worldwide has shown that the risk of the virus spreading across the state has increased. According to the Health Board’s data of 14 October 2020, 40 tests came back positive in 24 hours and the morbidity rate per 100,000 inhabitants for the past 14 days was 43.49. In comparison, the same figure was 4.4 on 1 August 2020 and 22.80 on 12 September 2020. The steep rise in the spread of the infection was, among other things, due to centres of infection that originated in Tartu and Ida-Viru County catering establishments engaged in the sale of alcohol. Currently, no new cases have been registered during the past 14 days only in Järva County. The past 14 days have revealed a total of 46 persons whose place of residence has not yet been determined at local authority level. 35 persons have been hospitalised.

According to the Order of the Government of the Republic, 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 00:00 to 10:00. Under § 36 of the Alcohol Act, restricting the retail sale of alcoholic beverages for a certain period of time does not prohibit the consumption of alcohol. Supervision by the Police and Border Guard Board has revealed the following ways of evasion of the restriction on retail sale: large amounts of alcohol are sold to tables before the start of the restriction; alcohol is sold before midnight and then held for the customer and after the start of the restriction given to the customer against a receipt; entertainment establishments have imposed a higher entrance fee which allows the customers to bring their own alcohol; entertainment establishments have imposed an entrance fee that includes free alcohol; and open tabs are used (a tab is opened before the start of the restriction).

The above ways of circumventing the restriction of suspension of retail sale of alcoholic beverages are not in compliance with the objective sought by the restriction. Since it has been established that several, however not the majority of, economic operators across Estonia have circumvented the restriction, their activity may have a significant impact on the spread of the virus. Economic operators evading the restriction also gain extra income at the cost of law-abiding operators, infringing the principle of equal treatment among economic operators. If such circumvention continues, it may prove necessary to impose additional restrictions, such as shutting down places of business engaged in the retail sale of alcohol. For the purpose of identifying those circumventing the restrictions and preventing such circumvention, supervision over compliance with the restriction is also strengthened.

Restrictions targeting the consumption of alcohol are justified because consumption of alcohol weakens people’s immune system and thereby their bodies’ resistance to infectious diseases. Consuming large quantities of alcohol increases the risk of acute respiratory distress syndrome (ARDS), one of the most serious complications of COVID-19. Also, consuming alcohol alters a person’s behaviour, including diminishes their sense of danger and encourages risk behaviour, and increases the probability of people not complying with rules of conduct set for preventing the spread of the virus. Furthermore, retail sale for consumption on the premises extends the time spent indoors. The above, in turn, means an increased risk of people getting infected and infecting others. Considering the aforesaid, it is justified that the applicability of the restrictions imposed on the right of retail sale of alcoholic beverages is extended throughout the state in places of business where retail sale of alcohol is permitted for consumption on the premises.

The imposition of this restriction also has the support of the Science Council advising the Government of the Republic.

There is no other efficient way to achieve the objective of reduced availability of alcoholic beverages. There are no means that would restrict the availability of alcoholic beverages and reduce the risk of the virus spreading as a result of indoor consumption of alcoholic beverages the same, but that would restrict the rights of economic operators less. Considering the current spread of the infection, evidence showing that infected persons and people who have been in close contact with them visited recreational and catering establishments where it is possible to buy alcohol for consumption on the premises, and centres of infection that have been brought along by this kind of behaviour and that have spread, among others, into places of employment, the most efficient measure for slowing the continued spread of the disease down is to impose these restrictions throughout the state, not on the territory of a single local authority.

Having regard to the aforesaid and the current situation, the restrictions are necessary and proportional. Under § 11 of the Constitution of the Republic of Estonia (hereinafter the Constitution), rights and freedoms may only be circumscribed in accordance with the Constitution. Such circumscription must be necessary in a democratic society and may not distort the nature of the rights and freedoms circumscribed. The principle of proportionality arises from the second sentence of § 11 of the Constitution, according to which circumscription of rights and freedoms must be necessary in a democratic society. In this instance, the imposition of the restrictions is in public interests and the restrictions are imposed throughout the state.

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 Order requires the Ministry of Economic Affairs and Communications to deliver the 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 25 October 2020, giving the persons concerned the minimum amount of time necessary for re-arranging their activities and duly complying with the Order.

Failure to duly comply with measures for preventing the spread of the coronavirus SARS-CoV-2 causing the COVID-19 disease 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.