August 13, 2024

The sale of alcoholic beverages on the beach is prohibited. What about the bar next to the beach? The Provincial Administrative Court answers

The company protested. It explained that the food outlet was not on the beach, but above it, facing the beach and the lake. The bar is located in a straight line of buildings and the pool is located on two other plots of land. It also pointed out that in the vicinity with access to the same pool, another restaurant is authorized to sell alcoholic beverages, above 18%.

The hoteliers have said they intend to sell only beer at the newly opened outlet. They also say the commission’s concerns about the risk of tourists drowning are unfounded because the beach is protected by lifeguards in the summer. An appeal to the local government’s appeals board was unsuccessful.

Only the Gdańsk Provincial Administrative Court agreed that the company was right. It noted that the disputed resolution allows the sale of alcoholic beverages in public establishments providing hotel and tourism services – excluding beaches. And in the court’s opinion, it cannot be concluded that the ban on the sale of alcohol is justified for the complainant, who provides hotel and tourism services.

No alcohol on the beach? Alcohol allowed at the bar near the beach

The Provincial Administrative Court found that the concept of a beach is not defined in the regulation. However, it should be considered that it is a part of the coast of a reservoir or watercourse that, due to its shape and the material from which it is built – most often sand or small stones – is suitable for recreation and relaxation. And, in the court’s opinion, there is no legal basis for claiming that the entire area of a separate geodetic plot is a beach, and that only a part of it corresponds to this understanding.

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