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Alcohol prohibited at gas stations. “It is already possible”

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Local governments can now ban the sale of alcohol at gas stations. However, they must do it wisely – noted the “Rzeczpospolita” daily in its Thursday edition. Councilors from Toruń took advantage of this opportunity.

The newspaper reminds that for some time there has been a lively discussion about the state limiting access to alcoholic beverages gas stations. “Meanwhile, this is already possible without any intervention by the legislator. All that is needed is an appropriate resolution of the local government, which has already been confirmed by the Supreme Administrative Court (NSA),” reports “Rz.”

According to the daily, Toruń paved the way for the effective introduction of a ban on the sale of spirits at gas stations. In February 2017, its councilors adopted a resolution to introduce a permanent ban on the sale, serving and consumption of alcohol above 4.5% at local gas stations.

The case went to the Supreme Administrative Court. The court found that the local government, by introducing a total ban on the sale of strong alcoholic beverages at gas stations, did not exceed the authorization under Art. 14 section 6 of the Anti-Alcohol Act. According to the Supreme Administrative Court, the disputed prohibition is neither excessively stringent nor too general and reserved only to the legislator.

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The justice system also had no doubt that gas stations, due to their nature: availability 24 hours a day, seven days a week and an extensive network, significantly contribute to increasing the level of alcohol availability. And this requires preventive actions, which are the statutory obligations of each local government unit (reference number II GSK 1389/18).

Also check: Ban on selling alcohol at gas stations. Experts divided

Toruń's second attempt turned out to be a disaster

The newspaper also recalled that in June 2018, Toruń councilors adopted another resolution, this time on the rules for locating places of sale and serving alcoholic beverages in the city, i.e. pursuant to Art. 12 section 3 of the Act.

“Toruń's second attempt at the ban turned out to be a failure,” reports “Rz.” Dismissing his cassation appeal this week, the Supreme Administrative Court found that the resolution regarding the rules for locating alcohol sales places violated the regulations.

“By using the description, the Council exceeded the authorization under Article 12(3) of the Anti-Alcohol Act. The Supreme Administrative Court noted that when it comes to the rules for locating places of sale and serving alcohol, the case law always emphasizes the reference point, i.e. the places that are to be protected” – wrote the diary.

Main photo source: Shutterstock

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