Anyone who would like to sell alcoholic beverages should meet several requirements. One of them is obtaining an appropriate permit, commonly known as a license. Failure to do so will result in a fine.
What should you do to get it, what office to go to and how much does it cost?
What types of permits are there?
To conduct retail sales, you must obtain a license for a specific type of alcohol (depending on the strength). There are three types of concessions:
- for beverages up to 4.5% alcohol content and for beer,
- for alcohols above the value indicated in the first point up to 18%, except for beer,
- for beverages over 18% alcohol content.
If you want to sell all types of alcohol, you must submit three separate applications.
Who issues the concession and how much does it cost?
The permit can be obtained by going to the appropriate institution - a commune or city office. In the case of retail sales, the decision is made by the head of the commune, mayor or city president, while when it comes to wholesale, the license is issued by the voivodship marshal or the minister responsible for the economy. When it comes to choosing the right facility, the entrepreneur's address of residence or registered office is not important, but the location of the point of sale. The application may be submitted in person, by letter or electronically.
The permit will not be granted without paying the appropriate fee, depending on its type. For the first two types of concessions, you will have to pay PLN 525 each. The license for alcohols above 18% alcohol content costs PLN 2,100. When applying for all of them at the same time, the costs add up.
You can also obtain a one-time permit to sell alcohol, e.g. during an organized event. Then you have to pay PLN 43.75 and PLN 175 respectively.
Other necessary fees
In addition to the licensing fee, retailing alcohol is associated with other costs. A person dealing with this type of trade should pay contributions in three parts every year:
- until January 31,
- until May 31,
- by September 30 of a given year.
Their amount depends on the alcohol sales turnover. If in the previous year the profits exceeded PLN 37,500 for beverages with an alcohol content of up to 4.5% and for beer, the premiums will amount to 1.4% of the amount obtained. The same is the case when it comes to alcoholic beverages from 4.5% to 18% of alcohol content. However, in the case of beverages with an alcohol content above 18% and a turnover of more than PLN 77,000, the fee will amount to 2.7% of the total amount.
The entrepreneur should also take into account the expense of PLN 17 for the issuance of a confirmation of payment for the use of the concession.
Application for permission to sell alcohol
Even before submitting the application, it is good to collect all the necessary documents, which include:
- confirmation of an entry in the business register or an excerpt from the National Court Register (National Court Register),
- certification of the entrepreneur's legal title to the premises where the sale of alcoholic beverages is to be conducted, e.g. a lease agreement or deed of ownership,
- a positive decision of the State Sanitary Inspector regarding compliance with the sanitary conditions of the premises,
- consent of the manager, administrator, user or owner of the building, in the case of the location of the point in a multi-family residential building.
When proceeding to filling out the application, you can use ready-made templates, but you do not have to. It is important that the document includes information such as:
- the type of permit you are applying for
- company details, including headquarters and address,
- subject of business activity,
- number given in the register of entrepreneurs or business activities,
- the address of the premises where the alcohol will be sold,
- address of the point where the goods will be stored.
If the sale of alcohol is to take place at several points, it is necessary to submit an adequate number of applications.
In the case of a company operating in the form of a civil partnership, the application must be signed by all partners. The only exception is when a person authorized to represent the company has been appointed - then only their signature is sufficient.
What after submitting the application?
After submitting your application, you should wait for it to be considered by the appropriate authority. If any irregularities or deficiencies are found, you may be called in to complete or report the documents. Any corrections must be made within 7 days of receiving the request. If this is not the case, an order will be issued to return the application or a notification that it will not be considered. If the application meets all the requirements, the next step is an Alcohol Resolving Board to check that the location meets the conditions (one of which is the distance from the premises to the church or school).
If the application is approved, the committee issues a positive opinion and the fee is paid, you will receive a permit.
For what period is the permit issued?
A license to sell alcoholic beverages is issued for a specific period of time. In the case of alcohol intended for consumption at the point of sale (e.g. a restaurant), the permit is granted for a period not shorter than 4 years. Otherwise, when it is to be consumed outside the premises, this period is not less than 2 years. After this time has elapsed, the entrepreneur who still wants to sell alcohol must extend the permit. However, if he does not want to continue this type of activity, and he still has stocks of goods, he may apply for a permit to sell them to the head of the commune, mayor or city president.
When can you lose your permit?
The authorization may be withdrawn or simply terminated. The Office will withdraw from its decision if:
- alcohol will be sold to minors, intoxicated persons, as collateral or on credit,
- in the case of rowdy customers, the police or municipal police will not be called,
- the alcohol sold will come from an illegal source,
- false data will be given in the declaration of annual sales,
- the entrepreneur commits a crime in order to obtain financial benefits,
- the business activity covered by the permit will be banned.
In such a case, an application for a renewed permit may be submitted only after 3 years have elapsed from making such a decision.
The concession may expire when:
- the point of sale will be closed,
- its expiry date will expire,
- the type of business will change,
- the composition of the company will change,
- an annual declaration of the value of the sale of alcoholic beverages will not be submitted or the fees will not be
- paid on the appropriate dates and amounts.
Cancellation of the permit
You can also opt out of the permit yourself by completing the appropriate application, which should be on the office's website. For example, in the event of liquidation of an institution, you should inform the appropriate authority of your decision within 14 days of the change of actual state. The resignation can also be submitted due to the suspension of activity. If you fail to do so, you will still be required to fulfill your licensing obligations.
What is the risk of a lack of a permit?
The sale of alcoholic beverages without a license is a crime punishable by a daily fine. The number of such rates may not exceed 810, and the maximum amount of one is PLN 2,000.
By breaking the regulations, you can also expect confiscation of alcoholic beverages and a ban on conducting business activities related to their sale or serving.