Reducing availability for minors: Polish ban on alcohol sales through internet

1www.parpa.pl

Reducing availability for minors: Polish ban on alcohol sales through

internet.

In Poland it is illegal to sell alcohol by internet.

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This ban is not literally described in the law.

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Our plan

• Step one – to create interpretation according to which it is illegal to sell alcohol via the Internet

• Step two – convince everyone (especially state authorities) to our interpretation

• Step three – enforce the compliance of the ban

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Why do we decide to do this?

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Share of Internet Retailing

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UK example

• sales of groceries transacted via online channels observed double-digit growth between 2007 and 2011, increasing by 127% overall

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In Poland

• E-grocery is the fastest sales channel from all e-commerce

• In 2011 – 33,5% increase• In 2012 – 24% increase

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Internet access in Poland

• 70,5% households

• 91% households with children

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• According to ESPAD in 2011 82% of minors declared that it was very easy to buy beer

• Selling alcohol via the Internet makes it even easier because of poor age verification procedures

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Interpretation

• According to the Act on Upbringing in Sobriety and Counteracting Alcoholism each entrepreneur willing to trade alcohol must obtain a relevant license from a chief officer or a mayor with local jurisdiction - it is illegal to sell alcohol in any other place than the point of sale that is described in the licence.

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Interpretation

• When a contract for alcohol sale is concluded via the Internet, the place of sale is the place of residence of the purchaser. One of the conditions for selling alcohol is conducting business activities within the scope specified by the permit and only in the place indicated in the permit.

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Interpretation

• Selling alcohol via the Internet is not in accordance with the permit and is both a criminal and an administrative offense.

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In 2011 the Supreme Administrative Court in sentence II GSK 431/10 adjudicates:

„If the legislator didn’t provide for legal possibility to sell alcohol on the Internet, then on the grounds of the Act on Upbringing in Sobriety and Counteracting Alcoholism it is not permitted because – what results from the purpose of the Act – the superior objective is upbringing in sobriety and counteracting alcoholism. As counteracting alcoholism cannot be acknowledged such an interpretation of par. 18 of the Act which would enumerativelly extend the catalogue of permits for alcohol sale listed therein.”

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Commercial networks stop selling alcohol via the Internet

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Selling alcohol via the Internet still popular

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PARPA informed the prosecutors office in Warsaw about the suspicion of a criminal activity of selling alcohol by two websites.

The proceedings are still in progress.