Issuer: Vabariigi Valitsus
Type: korraldus
In force from: 17.09.2020
In force until: 
Publication notation: RT V, 20.09.2020, 1

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

Passed 17.09.2020 No. 322


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

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.





3. Under

§ 49 (4) of the Alcohol Act, state supervision over compliance with

requirements related to the retail sale of alcoholic beverages and restrictions

on the consumption of alcoholic beverages is exercised by rural municipalities

or city governments on their respective administrative territories.





4. This

Order takes effect upon signing. The restriction in clause 1 takes effect

on 25 September 2020 and will remain in effect up to and including

24 October 2020.





5. This

Order shall be published in the official gazette Riigi Teataja and on the

website kriis.ee. 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. 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. This restriction serves the purpose of

preventing and stopping the spread of the coronavirus SARS-CoV-2 causing the

COVID-19 disease.





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, on 17 September 2020

the morbidity rate per 100,000 inhabitants for the past 14 days was

25.36. In comparison, the same figure was 4.4 on 1 August 2020 and 8.4 on

15 August 2020. The steep rise in the spread of the infection is primarily

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, Valga, Põlva

and Hiiu Counties. Moreover, the past 14 days have revealed

31 infected persons whose place of residence has not yet been determined

at local authority level.





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 infecting other people, among others and above all in places

where people stay for an extended period of time. Therefore, it is justified that

the restriction imposed during the emergency situation as of 17 March 2020

and thereafter is imposed once again throughout the state in places of business

where retail sale of alcohol is permitted for consumption on the premises.





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 this restriction

throughout the state, not on the territory of a single local authority.





Having regard to the aforesaid and the

current situation, the restriction is 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 case, imposing the

restriction is in the public interest and it is imposed throughout the state,

which means that all economic operators and individuals affected by the

imposition of the restriction are in the same situation and nobody is treated

differently.





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 takes effect on 25 September 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.

Jüri Ratas
Prime Minister

Taimar Peterkop
Secretary of State