“Selective Prohibition”. Why don't gas stations want to give up their alcohol licenses?

On Monday, the Speaker of the Sejm, Włodzimierz Czarzasty, assigned form numbers to two parliamentary bills limiting the availability of alcohol. Left Project provides for a ban on the sale of alcohol at gas stations, medical facilities and at night throughout the country, i.e. from 22 to 6.

On the other hand Poland 2050 project allows a 2-year transitional period for the sale of alcohol for those stations that have the appropriate permit when the Act enters into force, with the sale being prohibited between 10 p.m. and 6 a.m.

Additionally The Ministry of Health is preparing its project; it provides for a ban on the sale of alcohol at gas stations and health resorts.

“Selective Prohibition” and Constitutional Violation

In a statement published on Wednesday, the Polish Chamber of Liquid Fuels (PIPP) emphasizes that the ban will not solve the problem of drunk drivers or limit the availability of alcohol, but will affect legally operating gas stations, many of which belong to small and medium-sized Polish companies operating under their own logos and in franchise cooperation, and their customers.

“The industry points to the lack of constitutional and substantive justification for such regulation, emphasizing its contradiction with the principles of equality and freedom of economic activity. Instead of introducing selective prohibition, the fuel sector proposes proven solutions: more intensive sobriety checks on drivers and public education. At the same time, industry representatives declare openness to dialogue and cooperation in developing effective, fair measures to improve road safety,” reads the PIPP statement.

Stations are marginal to the alcohol market

In the opinion of the Chamber, the proposed prohibition at gas stations will not lead to a real reduction in alcohol consumption or the number of drunk drivers. PIPP indicates, for example, that gas stations constitute only slightly more than 4%. all alcohol sales points in Poland. In practice, customers, including drivers, will buy alcohol in other commercial establishments anyway, the chamber argues.

PIPP also emphasizes that In the opinion of the fuel industry, proposals to ban sales at gas stations grossly violate the constitutional principles of equality and freedom of economic activity.

Introducing a ban only for gas stations, excluding other entities selling alcohol, is a manifestation of unacceptable discrimination under the law – both national and EU – argues the Chamber. Such a legal restriction does not meet the requirement of proportionality, as it imposes a very severe restriction on a selected group of entrepreneurs without achieving any significant public benefit, the Chamber believes. At the same time, PIPP declared in its statement the readiness of the fuel sector to cooperate with the government and other stakeholders in developing effective solutions. (PAP)

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