Police did not have the right to ban sale of beer during August holidays. Analysis by Info-Prim Neo

On the eve of the national holidays held in August, the General Police Commissariat of Chisinau municipality issued a regulation banning the sale of alcoholic products, beer and drinks in glass bottles on August 25-27 and 31 in the Great National Assembly Square. The ban also applied to the economic entities selling nearby the Square. The decision provoked contradictory reactions from representatives of the central and local authorities and from the public. Info-Prim Neo news agency asked analyst Igor Gutan to examine the created situation. [Igor Gutan: the police exceeded their authority] The General Police Commissariat did not have the right to issue such a regulation because it was not empowered with such a right and because, according to the position it occupies in the public administration system, it is obliged to observe the stipulations of the legislative and normative documents. If the trade in alcoholic and non-alcoholic drinks and beer is an entrepreneurial activity, the issued regulation is an attempt to regulate this kind of activity. Article 5, paragraph (1) of the Law No. 235-XVI of 20.07.2006 regarding the basic principles of regulating entrepreneurial activities say that the entrepreneurial activity is regulated by law, by decisions/ordinances made by the Government and by normative documents issued by public administration authorities. Evidently, the police are not included in the list of authorities empowered with regulatory rights. The sale of alcoholic drinks is regulated by the Law No.1100-XIV of 30.06.2000 regarding the manufacture and circulation of ethyl alcohol and alcoholic products. Under article 29, paragraph (1) of the law, the economic entities that possess license for retailing alcoholic drinks and that have any kind of commercial spaces with an area of at least 20 square meters are allowed to sell alcoholic drinks. Article 30 of the give law bans the retail of alcoholic drinks through ambulatory outlets such as containers, motor vehicles, trailers; in kiosks, pavilions and shops that are not at least 20 square meters in area; in education, healthcare, preschool and other education establishments; in halls of residence; in enterprises and on building and repair sites; in sports complexes and on the territory adjoining them; in dietary canteens and cafes for children; in shops for children and adolescents; in public authorities’ headquarters, except public eating places; near religious buildings within the area set by the local public administration in accord with representatives of the respective religions; in cemeteries, penitentiaries, military units and arsenals; in public transport companies; to persons that are younger than 16; in storehouses. [Beer is not considered an alcoholic drink] According to the Law No.1100/2000, beer is not an alcoholic drink and the sale of soft drinks and beer is not subjected to restrictions similar to the abovementioned ones. Of course, the police play an important part in ensuring that the rules of selling and consuming alcoholic drinks are observed, but they should only ascertain the violation of these rules and not more. Under article 153 of the Code of Administrative Contraventions, the police have the right to ascertain the violation of the rules of selling alcoholic drinks set by law, by Government Decision or by the local public administrations (local, district or municipal councils). Given that the declared aim of the examined regulation is to ensure public order, the rights of the police are stipulated in article 167 of the same code, which says that the persons that consume alcoholic drinks in public places or appear in public places while under the influence of alcohol are liable to fine of 10 lei and administrative arrest of up to 15 days. The police also have other legal instruments for maintaining public order; they only have to use them. The regulation says that the persons that will violate it “will be held accountable and the documents allowing the retail outlet to work could be withdrawn.” In fact, article 153 of the Code of Administrative Contraventions says that the given persons can be held accountable only for violating the rules of selling alcoholic drinks and not beer and soft drinks. The withdrawal of the documents enabling the retail outlets to work is not a prerogative of the General Police Commissariat of Chisinau municipality. For instance, the license and the authorization for trade are issued by the Chisinau City Hall, and the authorization for working – by the Centre of Preventive Medicine. In the end, the analyst Igor Gutan reasons that the documents like the aforementioned regulation run counter to the law and negatively affect the business climate in the country. They also generate losses to the state budget and local budgets as the entrepreneurs do not pay the projected taxes.