Reducing availability for minors:
Polish ban on alcohol sales through
internet.
www.parpa.pl
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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.
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