No more alcohol to go? Restrictions from November 1 to March 31

• In the first petition, the author proposes adding a provision authorizing municipal councils to limit the temporary sale of takeaway alcohol between November 1 and March 31.
• This is supported by data on 28 deaths due to hypothermia in the 2022/2023 season, including 10 cases related to alcohol intoxication.
• The second proposal concerns the extension of the ban on advertising and promoting beer on television, radio, cinema and theatre from the current 8 p.m. to 10 p.m.
• Current regulations already allow municipal councils to set the maximum number of permits for the sale of alcohol and to introduce restrictions on night-time sales.

Petitions have been submitted to the Senate Chancellery regarding the Act of 26 October 1982 on Sobriety Education and Counteracting Alcoholism. The subject of the applications is a legislative initiative aimed at authorizing municipal councils to introduce temporary restrictions on the sale of alcoholic beverages and changing the upper hourly limit of the ban on beer advertising and promotion .

The applicants propose adding a new provision to Article 12, which would allow municipal councils to establish, by resolution, restrictions on the temporary sale of alcoholic beverages intended for consumption outside the place of sale. These restrictions could apply to the period from November 1 to March 31. The main justification for this change is to reduce the number of fatalities among people intoxicated by alcohol who are staying in low air temperatures.

The petition is accompanied by detailed data prepared by the Prevention Bureau of the Police Headquarters, which show that in the period from November 1, 2022 to March 31, 2023, 28 deaths due to hypothermia were recorded in Poland . This is a significant decrease compared to the previous corresponding period (from November 1, 2021 to March 31, 2022), when 44 such deaths were recorded, which is a reduction of 63.64%.

Of the 28 victims, 22 were men and 6 were women.

The highest number of deaths, 14 cases, occurred in December 2022. The police recorded that 10 of these 28 deaths were directly caused by hypothermia resulting from alcohol intoxication . The deaths occurred in various environments, for example, 8 cases were recorded at lakes, rivers or ponds, 6 on the streets and 4 at home.

The second proposed amendment concerns Article 131, paragraph 2, point 1 and consists in extending from 8 p.m. to 10 p.m. the time until which beer advertisements and promotions may not be broadcast on television, radio, cinema and theatre . The applicant argues that this change will contribute to reducing the viewership of beer advertisements among children, who are reaching for alcoholic beverages at an increasingly younger age.

In the light of the applicable law, the Act on Sobriety Education and Counteracting Alcoholism in Article 21 defines the advertising of alcoholic beverages as the public dissemination of trademarks or graphic symbols serving to popularize them.

Municipal councils already have a number of powers to regulate the sale of alcohol in their area . They can set the maximum number of permits for the sale of alcoholic beverages and the rules for the location of places of sale and serving alcohol. In addition, municipal councils can introduce, by resolution, restrictions on the night-time sale of alcoholic beverages intended for consumption outside the place of sale, which may apply between 10 p.m. and 6 a.m. These decisions must take into account the provisions of municipal programs for the prevention and resolution of alcohol problems.

Although advertising and promoting alcoholic beverages is generally banned in the country, there is an exception for beer, which is permitted under certain conditions, including that it not be aimed at minors or that it does not link alcohol consumption to physical fitness.

Currently, beer advertising and promotion on television, radio, cinema and theatre is banned between 6am and 8pm , with the exception of advertising run by the organiser of a competitive sports event during its duration.

According to the Act on Local Government, a commune has the right to enact local law, including order regulations, if this is necessary to protect the life or health of citizens and to ensure public order.

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