Alcohol permits

Permission to sell alcoholic beverages

Required documents
The sole trader submits the filled in form on being granted the permission to sell or to sell and serve the following types of alcoholic beverages:

• Up to 4,5 % of alcohol and beer
• Over 4,5% to 18% of alcohol (with the exception of beer)
• Over 18% of alcohol

One must attach the following documents to the form:

1.  A document certifying the legal entitlement of the applicant regarding the premises in which he is to sell alcoholic beverages,
2.  A written permission of the owner, manager or administrator of the building, if the place of sale will be located in a residential building for more than one family,
3.  The decision of the appropriate national district sanitary inspector regarding the approval of the place (premises).

The Act No. 55/XII/2003 Of The Błonie City Council as of September 15th 2003 specifies information regarding the arrangement of the premises where alcoholic beverages are to be sold in the area of the city and community of Błonie. (Journal of Bills of The Mazowsze Voivodship No. 263 pos.6936 with amendments)

The conditions to be able to sell alcoholic beverages, which will be consumed within the premises, or outside the premises, are:

1. A permission from the Mayer of Błonie,
2. A payment confirmation for using the permission to sell alcoholic beverages with respect to the regulations and terms stated by appropriate acts,
3. Collaboration with entrepreneurs and producers who supply alcoholic beverages with respect to appropriate permissions as to bulk sale of alcoholic beverages,
4. Legal entitlement to make use of the premises where alcoholic beverages are sold,
5. Sole trading performance within the scope covered by the permission only by the sole trader indicated within it and exclusively in the premises mentioned in the abovementioned permission,
6. Reporting to the permission granting entity any amendments to the actual or legal status, in reference to the data incorporated in the permission, within 14 days since the amendment was introduced,
7. Performing sale in any premises meeting the demands specified by the district council and referring to the number and regulations of the locations of premises within the community where alcoholic beverages can be sold or served.

Payments
Annual payments for using the permissions for the sale of alcoholic beverages in 2012 are as follows:
525 PLN- for sale of alcoholic beverages containing up to 4,5 % of alcohol and beer
525 PLN- for sale of alcoholic beverages containing above 4,5 % do 18 % of alcohol (except for beer)
2.100 PLN- for sale of alcoholic beverages containing above 18 % of alcohol.

The payments in the following years of the validity of the permission - are dependent on the amount of sales of alcoholic beverages in the previous year.

The form requesting receiving the permission and the attachments to the document are free of charge.

Dates and ways of proceeding

Consideration of the matter, granting or declining permission takes place within a month since the day of entry of the submission.

Legal basis

• The Act as of October 26th 1982 on The Upbringing in Sobriety and the prevention of alcoholism (the unified text Journal of Bills as of 2007, pos. 473, with later amendments)
• Regulation NR 55/XII/2003 of The City Council of Błonie as of September 15th 2003 with future amendments in reference to the regulations of the establishment of premises where alcoholic beverages are sold in the area of the city and community of Błonie
• Regulation NR 161/IX/2002 Of the City Council of Błonie as of October 9th 2002 in reference to the number of the premises where alcoholic beverages containing above 4,5% of alcohol (except for beer) which are meant to be consumed outside the premises, as well as within the premises and in the area of the city and the community of Błonie are sold.
   

Appellation procedure
Sole traders have the right to appeal regarding the permission decision to the Municipal Appellation Committee in Warsaw via the Mayer of Błonie.
The appellation needs to be submitted 14 days after the decision was delivered in the City Council in Błonie, room no. 7 (city hall –ground floor)

The submission of the appellation is free of charge.

Other Information

The document is opinionated by The District Commission to Solve Alcoholic Problems

All matters are dealt with in the City Council of Błonie, The Position for economic activity, Rynek 6 Str., ground floor, room no.7, tel. 22 7253004 int. 112
In case of being granted the permission, the applicant collects the document with the decision in person and pays the appropriate amount, depending on the type of the permission.

The permission is denied in case of:

1. not respecting the regulations and conditions specified in the appropriate act on the sale of alcoholic beverages, especially:
   a) the sale and serving of alcohol to minors, drunk people, on credit and on a lien,
   b) the sale and serving of alcohol with the breaching of the restrictions stated in art. 14 of the bill 3 and 4,
2. Interfering of public peace in relation to the sale or serving of alcoholic beverages within a certain premises or the nearest surroundings, which repeats itself at least twice within 6 months, when the manager of the premises does not notify appropriate entities assigned to secure public peace,
3. Introducing alcoholic beverages which originate from illegal means to be sold and served,
4. Declaring false data in the declaration about the value of the sale of alcoholic beverages,
5. Commitment of a crime in order to get financial benefit by the person in charge of the sole trader’s activity, who has been granted permission,
6. A legal statement towards the sole trader who is a natural person or the person responsible for the sole trader’s activity, who has been granted permission of the denial of performing sole trade which has been included in the permission.

A sole trader who has been denied the permission can submit a document applying for a new granting of the permission no earlier than 3 years since the decision of denial was made.
The license expires in case of:

•  liquidation of the premises,
•  expiration of the permission,
•  amendment of the type of activity within the premises,
•  amendment of the personal composition of sole traders in the company,
•  not submitting a declaration on the value of appropriate alcoholic types of beverages in the previous year until January 31st or not fulfilling the payment in the amount and deadlines established by the appropriate act (in this case the sole trader, whose permission expired can claim to be granted another permission no earlier than 6 months since the).