GUIDELINES 1:2008
Alcohol Issues in Licensed Premises
The amendments to the alcohol legislation con-
cerning the advertising of alcoholic beverages
have taken force on 1 January 2008.
These guidelines explain the new provisions
on advertising and provide instructions on
how to apply them. Chapter 3 on supervision
is completely rewritten. The guidelines now
emphasize the importance of self-supervi-
sion on licensed premises in the prevention of
misconduct and disturbances. The amounts of
euros of licence and supervision fees have been
updated.
There is information on dispensing alcoholic
beverages and guidelines on the topic on the
Internet pages of the National Product Con-
trol Agengy for Welfare and Health (STTV) in
www.sttv.fi.
Alcohol Issues in Licensed Premises
Contents
1. DISPeNSINg AlCoHolIC beVerAgeS........................................................................... 5
1.1 Alcoholic beverages .......................................................................................... 5
1.2 Procuring beverages for dispensing ................................................................... 5
1.3 Alcohol book-keeping and alcohol stores .......................................................... 6
1.4 Discontinuing licensed business activities .......................................................... 6
1.5 licensing hours ................................................................................................. 6
1.6 extended licensing hours .................................................................................. 7
1.7 Staff ................................................................................................................. 8
1.8 Duty manager .................................................................................................. 9
1.9 order on licensed premises ............................................................................. 10
1.10 Alcohol portions .............................................................................................. 11
1.11 Dispensing for credit and giving a receipt ........................................................ 12
1.12 licensed premises and changing them ............................................................ 12
1.13 Kitchen alcohol ............................................................................................... 14
1.14 Measuring instruments for dispensing ............................................................ 14
1.15 Importing alcohol for commercial dispensing .................................................. 16
1.16 restaurant’s self-supervision in the product control of alcoholic beverages ...... 16
1.17 Collecting information and the duty to report .................................................. 17
2. ADVerTISINg AlCoHolIC beVerAgeS IN reSTAurANTS ........................................... 17
2.1 general principles ............................................................................................ 17
2.2 Pricing and price announcements in the advertising of alcoholic beverages ...... 17
2.3 Inappropriate sales promotion ........................................................................ 20
2.4 lotteries and open competitions ...................................................................... 20
2.5 Freebies and combined offers .......................................................................... 21
2.6 events for the regulars ..................................................................................... 21
2.7 Product presentations ...................................................................................... 21
2.8 Advertising of strong alcoholic beverages ........................................................ 22
2.9 Tobacco advertising ........................................................................................ 23
3. SuPerVISIoN AND SANCTIoNS .................................................................................. 23
3.1 Self-supervision ............................................................................................... 23
3.2 Authority supervision ...................................................................................... 24
3.3 Sanctions for breaking the dispensing regulations ........................................... 25
3.4 Sanctions for violations of the advertising provisions in the Alcohol Act ........... 25
4. grANTINg A lICeNCe ................................................................................................ 26
4.1 Fixed term licence ........................................................................................... 26
4.2 Temporary licence ........................................................................................... 27
4.3 Applying for a licence ..................................................................................... 27
4.4 Companies or other communities under formation ......................................... 28
4.5 licence for fermented alcoholic beverages whose
percentage by volume does not exceed .......................................................... 28
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Alcohol Issues in Licensed Premises
4.6 licence for alcoholic beverages whose percentage by volume exceeds 4.7 ....... 28
4.7 The grounds for granting a licence ................................................................. 29
4.8 The requirement for line of business ............................................................... 30
4.9 The requirements for the applicant ................................................................. 30
4.10 Withdrawing an application ............................................................................ 31
4.11 Changes to the company’s ownership or authority relations ............................ 31
4.12 Name changes ................................................................................................ 31
4.13 Changes to the location of the premises or ownership ..................................... 31
4.14 Processing time .............................................................................................. 31
5. lICeNCe AND CoNTrol FeeS..................................................................................... 31
5.1 licence fees ..................................................................................................... 32
5.2 Control fees ................................................................................................... 33
6. CoNTACT DeTAIlS...................................................................................................... 33
7. STATuTeS ................................................................................................................... 35
7.1 legislation ....................................................................................................... 35
7.2 The decisions of the Ministry of Social Affairs and Health ................................ 35
7.3 The National Product Control Agency for
Welfare and Health (STTV) guidelines .............................................................. 35
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Alcohol Issues in Licensed Premises
1. Dispensing alcoholic beverages
1.1 Alcoholic beverages Alcoholic beverages have to always be
purchased using the licence number of the
Alcoholic beverages whose dispensing is place concerned. The licence holder is not
subject to licence are defined as consumable permitted to procure alcoholic beverages
alcohol which contains more than 2.8 ethyl with his/her licence number for functions
alcohol % by volume. Mild alcoholic bever- which are not organised in the licensed
ages refer to alcoholic beverages which do premises in question.
not contain more than 22% ethyl alcohol If an entrepreneur has both a retail
by volume and strong alcoholic beverages and dispensing licence or several dispens-
to alcoholic beverages which contain more ing licences, all the purchases and stores
than 22 ethyl alcohol % by volume (Alkol which have been procured under one licence
3 §). Alcoholic beverages which have been number have to be kept clearly separate
produced through fermentation and whose from the other places of business. Store
alcohol percentage by volume does not ex- transfers between active licensed premises
ceed 4.7 include so called medium strength are not possible.
beer, cider, long drinks and wine drinks. The law also restricts the consumption
of a customers own alcoholic beverages in
1.2 Procuring beverages for dispensing premises without a licence. According to the
law, consuming alcoholic beverages is pro-
only legally procured alcoholic bever- hibited in restaurants and other such premis-
ages can be dispensed and consumed in es, where food and beverages are sold to the
licensed premises. Alcoholic beverages can public (Alkol 58 §). In other closed functions
be legally procured from the State Alcohol organised in public premises alcohol con-
Monopoly, licensed producers and wholesal- sumption is permitted, if the organiser has
ers of alcoholic beverages. According to the informed the police (Alkol 59 §).
Alcohol Act section 8, a licence-holder can The regulations given in the Alcohol Act
also import alcoholic beverages for dispens- concerning the supplying of alcoholic bever-
ing as described later in Chapter 1.15. If ages must be noted when procuring and
any alcoholic beverages are consumed on dispensing alcoholic beverages in catered
licensed premises or in connection of the functions arranged on customer premises
premises other than the alcoholic beverages or other unlicensed premises or restaurants.
legally delivered there, the licence holder or Section 31 of the Alcohol Act states that
a staff member working on the premises can supplying alcoholic beverages for reward
be sentenced for illegal sales of alcoholic is prohibited. The sanctions on unlicensed
substances (Alkol 85 § subsection 6). sales and supplying of alcoholic beverages
Dispensing and consumption of cus- are stated in section 85 of the Alcohol Act.
tomer’s own alcoholic beverages in licensed The Alcohol Act is violated if a cater-
premises is prohibited at all times. Conse- ing service procures alcoholic beverages for
quently, in private functions in restaurants, a function at the request of the organiser,
such as weddings, it is not permitted to con- then charges a fee for delivering or serv-
sume for example as a welcoming toast the ing them. Problems do not usually occur if
customers own champagne from abroad; the organiser of the function procures the
only beverages which have been legally pro- alcoholic beverages, and the catering service
cured for dispensing are permitted. only serves them together with the rest of
5
Alcohol Issues in Licensed Premises
the offering. buyer and seller are free to negotiate the
A catering service may charge the hand-over price.
organiser of a function for the staff by the When transferring the stocks to the new
hour, for example. If the catering service is in owner or to other licensed premises, an in-
charge of facilities where they regularly ar- ventory itemizing the alcoholic beverages and
range paid catered functions, this constitutes a deed of transfer must be made and kept
running a restaurant, and the dispensing of available on the premises for the licensing
alcoholic beverages on the premises requires authority to see. In addition, such transfers
a licence. of stocks of alcoholic beverages must be de-
clared by both parties in their quarterly report
1.3 Alcohol book-keeping and alcohol in the section for additional information.
stores The licensing authority has to be notified
within two weeks of the discontinuation
The licence-holder has to record sales by of licensed business activities or changes to
each account so that the licensing authority management (STMp 162/98, 10 §).
receives accurate quarterly sales information.
In case the authorities carry out an 1.5 Licensing hours
inspection, the licence-holder has to be able
to provide documentary evidence that the The earliest licensed premises may open is
alcoholic beverages which have been dis- at 5 am, and they are allowed to stay open
pensed in the licensed premises have been until 2 am. If alcoholic beverages are served
legally procured. in a restaurant and the dispensing of them
It is not permitted to store in the is ordered to end earlier than 1:30 am on
licensed premises other alcoholic beverages the licensed premises or in a part of them,
than those which have been procured with a the licensed premises or the respective part
licence number for the premises. Customers of them must be closed half an hour after
own alcoholic beverages which have been the end of the licensing hours at the latest
left in the premises for storing have to be (Maral 3 § subsection 1).
kept clearly separate from the licensed bev- licensed premises may stay open be-
erages in a cloakroom or other similar place. tween 2 am and 4 am, depending on the
licensing authority’s decision to extend the
1.4 Discontinuing licensed business licensing hours after 1:30 am in accordance
activities with the respective regulations. In this case,
the licensed premises must be closed half an
If business activities are either discontinued hour after the end of the licensing hours at
or passed on to a new owner, the business the latest (Maral 3 § subsection 2).
alcoholic beverage stores can be handed It is prohibited to allow new customers
over in accordance with the conditions to enter the premises in the last half hour
and limitations set by the licensing author- before the statutory closing time (Maral 3 §
ity (AlkoA 28 §). It is not permitted to take subsection 3).
beverages which were bought for dispens- If the restaurant is open between 2
ing for personal consumption when business am and 5 am in accordance with a written
activities are discontinued. The alcoholic notification to the police, it is not allowed
beverage stocks have to be either handed to dispense or consume alcoholic beverages
over to the new owner or another licensed in the restaurant during these hours (Maral
business or returned to the wholesaler. The 4 § subsection 1).
6
Alcohol Issues in Licensed Premises
It is allowed to start dispensing alcohol licensing hours do not appear to cause
at 9 am. The dispensing must stop when the inconvenience and disturbance to those
premises are closed, or at 1:30 am at the lat- living in the surrounding areas. The licence
est, provided that the dispensing hours have can also be refused or it can be granted with
not been extended. If the licensed premises differing hours or extent if the authority
are closed after midnight, the dispensing sees it necessary in order to implement the
must stop half an hour before the closing Alcohol Act. The extended licence can also
time at the latest (AlkoA 23 § subsection 1). be refused or a previously granted licence
After the closing time, no customers cancelled if serious licensing offences or re-
must be permitted on the licensed premises, current breaches of the peace have occurred
nor is it permitted to consume alcohol in the in the licensed premises (4 §).
restaurant. After the statutory closing time, The licence to dispense alcohol before 9
it is also prohibited to organise private func- am can be granted only if special travel re-
tions, or for the staff to consume alcohol in lated reasons or a specific function or event
the restaurant. requires it (5 § subsection 1).
1.6 Extended licensing hours Special reasons to dispense alcoholic bever-
ages after 1.30 am include:
In accordance with section 23 of the Alcohol 1) the licensed premises business idea
Decree, licensing hours are between 9 am which requires extended licensing hours
and 1.30 am. on application, licensing hours due to high quality entertainment or
can be increased in the morning and after other equivalent reasons;
1.30 am. A licence to dispensing alcoholic 2) a special function or event organised in
beverages can be granted to start at the the premises requires extended licensing
earliest at 5 am. licensing hours can be hours.
extended until 2.30 am or 3.30 am.
The State Provincial office grants ex- extended licensing hours can be granted to
tensions to licensing hours. The licence for licensed premises which are primarily open
extended hours is applied for on a specific until 3.30 am in the evening and night time if
application form which is available from the 1) the premises function as part of a high-
State Provincial office or www.suomi.fi. The level hotel or
application form should be handed in ap- 2) the premises standard of equipment and
proximately 1 month before the start of the level of service make it into a particularly
planned extension of licensing hours. Filling high quality entertainment night club
the application form with care and giving thor- (5 § subsections 2 and 3).
ough reasoning is important. The process is
often delayed due to incomplete applications. The licence can be granted for everyday of
The government Decree (1208/2002) the week or specific days of the week. The
lays down provisions for the grounds for licence can apply to the entire premises, a de-
granting extended licensing hours. The refer- partment of the premises or another specified
ences to sections below refer to the above- section of the premises (6 § subsection 2).
mentioned decree. licensed premises which have been
extended licensing hours can only be granted a licence to dispense alcohol on a
granted for a specific reason. The licence specific day of the week after 1.30 am can
can only be granted if the licensed premises dispense alcohol until 3.30 am on the eve of
are located in a place where the extended Independence Day, New Year, May Day and
7
Alcohol Issues in Licensed Premises
Midsummer unless the licensing authority always be available in the licensed premises.
states otherwise (7 §). A person under the age of 18 cannot
The extended licence can be granted serve alcoholic beverages unless s/he has
at for two years at the most. A temporary obtained adequate vocational training in
licence for up to one month can be granted an educational establishment included in
for specific functions and events (8 §). the Vocational Institution Act (487/87) or
The licensing authority asks for a state- through apprenticeship training which meets
ment from the police as part of the applica- the requirements of the Act on Apprentice-
tion. A police statement that notes such ship Training (AlkoA 27 subsection 1) or
problems as previous breaches of the peace vocational training which is in accordance
can be an obstacle for receiving a licence. with the Act 630/98 on Vocational educa-
In addition, the polices notion of the nature tion or if s/he has taken a degree which is in
of the business activities is also taken into accordance with the Act on Vocational Adult
account when the decision on extended education (631/98).
opening hours is made. A young person under the age of 18
The change to summer and winter who has studied hospitality management in
time affects those restaurants which have a vocational institution but has gained only
been granted extended licensing hours until a little theoretical education on dispensing
3.30 am. When the clocks are changed to alcoholic beverages and no practical training
summer time, last orders have to be taken will not be considered adequately trained
at 2.30 am because the clocks go forward to dispense alcoholic beverages. However, a
an hour from 3 am to 4 am. The licensed young person who has completed a degree
premises have to be closed according to the in a hotel and catering institute where the
new time. The lost hour can be taken back curriculum includes education on customer
when the clocks are turned back for winter service in a restaurant and a practical train-
time and last orders are at 3.30 am after the ing period in licensed premises can be seen
clocks have gone back from 4 am to 3 am. to hold competence which is in accordance
with the Alcohol Decree.
1.7 Staff A student, who has turned 16, can
dispense alcoholic beverages in accordance
licensed premises are required to have with the curriculum only when supervised
enough staff to cover the full extent of by a trainer/supervisor who is over 20 years
activities in order to ensure efficient control old and has appropriate training (AlkoA 27
and maintenance of order. The licensing subsection 2). Dispensing alcoholic drinks
authority has to be presented with a plan in accordance with the curriculum referred
regarding the number of staff members to in the provision takes place either in the
and their tasks (Alkol 21 c §). The staff plan educational establishments own restaurant
form is available in the State Provincial of- or at work during work-based learning
fices or www.suomi.fi. periods under the supervision of a trainer or
The staff plan is a document which must supervisor. Furthermore, a 17-year-old stu-
be available for inspection in the licensed dent who is studying in a hotel and catering
premises and which has to be kept up-to- institute does not hold the right to work in
date with regard to changes in staff. A shift alcohol dispensing.
schedule with full names of the members of The members of staff are not permitted
staff and their tasks, which corresponds with to be under the influence of intoxicating sub-
the information on the staff plan, must also stances when at work (STMp 162/98, 11 §).
8
Alcohol Issues in Licensed Premises
1.8 Duty manager The licence holders plan for the duty
manager and his/her assistants has to be
licensed premise are required to have a available on the licensed premises. If there
duty manager and a necessary number of are several assistants for the duty manager,
assistants for him/her who are appointed by the order of the assistants has to be shown
the licence holder. The duty manager and on the plan. The duty manager and his/her
his/her assistants have to be suitable for assistants training and experience-based
the role, and they have to have adequate professional skills have to be clarified at
professional skills which have been obtained the licensed premises if the authorities so
either through training or experience. The request (AlkoA 27 a §).
duty manager and his/her assistants are, in The availability of the duty managers
addition to the licence holder, responsible plan requires that it is clearly executed. In
for making sure that the provisions of the many licensed premises the management
Alcohol Act are implemented in the licensed shifts are highlighted in the shift schedule.
premises. The order of the assistants is necessary
An unsuitable duty manager or his/her because the listed assistant will come and
assistant is a person who is obviously unable replace the duty manager if s/he has to leave
to carry out his/her tasks due to previous of- the premises or is unable to come to work.
fences or negligence or abuse of intoxicating The duty managers task is to enforce
substances. the Alcohol Acts provisions and requires that
Sufficient professional skills which have s/he is present in the premises. An arrange-
been obtained through education require a ment according to which the duty manager
minimum of one-year full-time training in hos- can be called in from his/her nearby home is
pitality management with a curriculum includ- not pursuant to the provision.
ing education and practical training on alcohol The duty manager arrangements aim
dispensing. experience-based professional skill is to ensure efficient self-control of the
requires a minimum of two-years of full-time licensed premises which is central to the
work dispensing alcoholic beverages and a prevention of offences and disturbances.
certificate from a hospitality management The licence holder has to ensure that the
institute showing that the person is aware of scheduled duty manager is able to efficiently
the provisions on alcohol dispensing. monitor all areas of the licensed premises.
Differing from subsection 3, in licensed The preconditions of efficient monitoring of
premises which serve only alcoholic bever- the premises are considered unenforced, and
ages which have been produced through the monitoring is seen to be neglected if the
fermentation and whose ethyl alcohol per- duty manager is completely tied up in the
centage by volume does not exceed 4.7% hotel reception, kitchen or working within
suitable professional skills can be proven certain other areas of the premises. When
on a certificate given by an educational arranging monitoring, the licence holder has
establishment which shows that the person to take into account the special conditions
in question is aware of the provisions on of the licensed premises. This means that a
alcohol dispensing (Alkol 21 b §). restaurants different sections might require
Further provisions on the above men- their own duty managers.
tioned hospitality management curriculum It is important to stress that the control
and certificates granted by education es- of licensed premises should not only be
tablishments are noted in Social Affairs and the duty managers task and responsibility;
Health Ministry decree (1371/02). instead, each employee needs, for their part,
9
Alcohol Issues in Licensed Premises
to know the provisions and regulation on carefully checked against an official ID. The
alcohol dispensing and to comply with them picture and the holder of the ID must match.
in cooperation with the rest of the staff. Despite the fact that doormen check young
Creating and maintaining this kind of an customers age at the door of the premises,
attitude is a matter of honour for a profes- the bar staff must also always check the
sional licence holder and duty manager. customers age if there is any reason to
believe due to appearances that the buyer is
1.9 Order on licensed premises under-aged. Thorough checking of IDs can
prevent and bring up the abuse of someone
An intoxicated person is not allowed on else’s ID.
licensed premises. A customer who is behav- The under-aged are not prohibited from
ing in a disturbing manner or who is no- spending time in restaurants. However, it is
ticeably intoxicated must be removed from important to control that the under-aged
licensed premises (Alkol 23 subsection 1). are not consuming alcoholic beverages
which were bought by someone else on
It is not permitted to serve alcoholic bever- the premises. Neglecting to supervise this
ages if: is considered the same as serving alcoholic
1) the person is under the age of eighteen; beverages to an under-aged customer.
2) the person is misbehaving or clearly An intoxicated person’s characteristics
intoxicated; are various functional disorders such as
3) there is a reason to assume misuse of staggering, faltering or loud speech, hesitant
alcoholic beverages (Alkol 24 § subsec- and uncertain movements, nodding, glazed
tion 1). eyes etc.
An intoxicated person’s judgement is
It is also prohibited to dispense beverages considerably weakened. Due to this s/he is
which contain minimum of 1,2 and maxi- unpredictable, and his/her next move cannot
mum of 2.8% ethyl alcohol by volume to be anticipated. An intoxicated person can
a person under the age of eighteen (Alkol easily cause disturbance for example in a sit-
24 § subsection 2). uation in which s/he has taken another cus-
A person purchasing an alcoholic bever- tomers alcoholic beverage. In order to avoid
age has to, on request, identify him/herself as all sorts of inconvenience and disturbance,
being over the age of eighteen (AlkoA 26 §). an intoxicated person has to be removed
Dispensing alcoholic beverages negli- from the licensed premises immediately
gently to under-aged customers is a seri- when the intoxication is clearly noticeable.
ous offence, and, in accordance with the The removal has to be carried out in a sensi-
established sanction procedures, the licence tive but determined manner. If the customer
holder will lose his/her licence for a fixed is considerably intoxicated, the staff are to
term after the first occurrence. The law is al- make sure that the customer is safely taken
ways violated when an under eighteen-year- for example to his/her home. Sometimes
old customer is served alcoholic beverages, attending to the customers safety in such
even if the young person appears older than a situation will require calling the police. A
his/her age. penalty for abandonment has been enacted
A young customer’s age must always be in the Penal Code (rl 21:14 §).
checked if the members of staff cannot oth- In accordance with Accommodation and
erwise definitely confirm that s/he is over the Catering Act, section 5, the licence holder
age of eighteen. The customers age must be and the staff have the right to deny a poten-
10
Alcohol Issues in Licensed Premises
tial customer the access to the premises, if note the level of the premises, the business
there is a valid reason for the denial from the idea, the customers, the time of day as well
point of view of order on the premises, or as the requirements of effective supervision
from the point of view of the business idea and maintaining order. Dispensing by bottle
of the enterprise. on the basis of the busi- must not lead to over-extensive dispensing
ness idea, customer selection can be done by or over-intoxication of customers.
setting age limits or requirements on attire as Dispensing alcoholic beverages in so-
prequisites for gaining access. The bases of called doubles is prohibited. Dispensing two
customer selection must not be discrimina- alcoholic drinks in two separate glasses, i.e.
tory. The provisions against discrimination are two basic portions, is also considered dis-
laid down in the Non-Discrimination Act, sec- pensing doubles. The aim of the prohibition
tion 6. Nobody may be discriminated against on dispensing doubles is to prevent the cus-
on the basis of for example ethnic or national tomers fast intoxication and the inconven-
origin, nationality, language, religion, belief, ience caused by it. The members of staff are
opinion, health, disability, sexual orientation thus able to observe the development of the
or other personal characteristics. The penal customers intoxication when the alcoholic
provisions are laid down in the Penal Code, beverages are dispensed in accordance with
chapter 11, section 9. the amounts confirmed in the decree.
The basic portion for spirits is 4 centi-
1.10 Alcohol portions litres but they have to also be available in
2- centilitre portions. In hotel room mini bars
licensed premises have to have a sufficient a basic portion can be 5 centilitres if the
selection of mild alcoholic beverages and beverage has been packed into a 5-centilitre
moderately priced non-alcoholic beverages miniature bottle (AlkoA 24 § subsection 2).
(Alkol 25 §). The basic portion for mild alcoholic bev-
It is normally only permitted to dispense erages is 8 centilitres but they have to also
one basic portion of alcoholic beverages be available in 4-centilitre portions (AlkoA
per customer at a time. During a meal it is 24 § subsection 3).
permitted to serve several different alcoholic Alcoholic beverages which have been
beverages at one time. It is also permissible produced purely through fermentation (such
to dispense alcoholic beverages to a group as white and red wine) or whose alcohol
of people by bottles or in other sales pack- content is maximum 5.5% by volume can
aging (AlkoA 24 § subsection 1). be dispensed by a glass or bottle or in other
Dispensing by bottle may be the most sales packaging. The maximum portion per
practical method in e.g. private occasions in customer at a time is one litre (AlkoA 24 §
which the number of participants is great. In subsection 4).
this case, the staff serve the alcoholic bever- When dispensing cocktails with more
age in the customers’ glasses measuring it than one alcoholic beverage in one drink,
by basic portions of the type of beverage, the total amount of alcohol in one cock-
judging the portion size visually. The organis- tail can be equal to that of 4 centilitres of
er of the event is then charged for the drinks spirits (AlkoA 24 § subsection 5). exceptions
per bottle. It is strongly advisable to take a to this are beer, cider and sparkling wine
guarded stance regarding the dispensing of cocktails which, according to the Product
strong alcoholic beverages by bottle to small Control Agency Decision based on the
parties (2 - 4 persons). When dispensing Alcohol Decree, can include a maximum of
alcoholic beverages by bottle, the staff must 2 centilitres of spirits or 4 centilitres of mild
11
Alcohol Issues in Licensed Premises
alcoholic beverages in addition to beer, cider in the premises can be paid with the credit
or sparkling wine. When a cocktails 4-cen- system in question.
tilitre portion of strong spirits is calculated, The licence holder or the members
2 centilitres of mild alcoholic beverage (for of staff are not allowed to lend their own
example maximum 22% volume liqueur or money or the restaurants money to custom-
fortified wine) compares with 1 centilitre of ers so that they could buy alcoholic beverag-
strong alcoholic beverage. es there. The Supreme Administrative Court
The National Product Control Agency has in its practices noted that this is con-
can grant an exception to the regulations sidered a prohibited procedure to dispense
on the portion sizes (AlkoA 24 § subsection alcoholic beverages for credit.
6). A restaurant can apply for an exceptional The customer has to be given, without
permit for serving a special and slightly him/her requesting it, a receipt or other such
larger than normal cocktail. document for the dispensed alcoholic bever-
ages unless the licensing authority has for a
1.11 Dispensing for credit and giving specific reason granted an exception (AlkoA
a receipt 25 § subsection 3). exceptions have been
granted for example to theatre restaurants.
It is not permissible to dispense alcoholic giving a receipt during an interval slows
beverages for credit, pledge or as an ex- down the service and is more difficult than
change for goods or services. in normal circumstances.
However, dispensing alcoholic beverages for 1.12 Licensed premises and changing
credit is permitted: them
1) to a community
2) to a tourist staying in a hotel or if charg- It is permitted to dispense alcoholic beverages
ing cash in a festive, social or other such only in an area the licensing authority has
function would cause unreasonable in- approved and where control can be efficiently
convenience due to the quality or extent organised. Spectator auditoria or stands in
of the function sports, music or other such events cannot be
3) to private individuals by complying with used as licensed premises. licensed premises
the credit arrangements approved by the have to be clearly marked out so that the
Product Control Agency (AlkoA 25 §). boundaries are clearly visible to the custom-
ers if the definition of the licensed premises
The Product Control Agency has approved is not otherwise clear. entry and exit points
the following credit arrangements for private of the licensed premises have to be efficiently
individuals: monitored (Alkol 21c § subsection 3).
• an international credit card The alcoholic beverages which have
• a domestic credit card which has been been purchased in licensed premises have to
approved in other countries apart from be consumed within the premises. retail-
Finland as a means of payment for ing alcoholic beverages or removing them
alcoholic beverages. from the licensed premises is prohibited if
they have been procured for dispensing in
In Finland the condition for accepting the the restaurant (Alkol 23 § subsection 2).
credit cards listed above as a means of pay- The prohibition includes summer terraces
ment for alcoholic beverages is that other and outdoor serving areas which have been
payments that the customer might incur constructed in connection of various events.
12
Alcohol Issues in Licensed Premises
A licence holder or staff member working the restaurant so that new room space is
on premises intended for dispensing alcohol utilized for purposes of dispensing. In hotel
can sentenced for illegal sales of alcoholic restaurants, the licensed areas can include
substances (Alkol 85 § subsection 6) if they hall space, hotel rooms, meeting rooms and
allow alcoholic beverages intended for dis- cabinets as well as dressing areas connected
pensing to be carried out of the premises. to sauna sections. Changes to licensed
premises can also mean decreasing the size
The plan for outlining the licensed of the licensed serving area.
premises The space division on licensed premises
can be changed on the basis of the licence
The licensing authority has to be presented holder’s notification. However, a change
with an outline plan for the licensed premis- to the licensed premises needs to be ap-
es (Alkol 21c § subsection 3). The outline proved by the licensing authority if the
plan form is available in the State Provincial change is significant from the point of view
offices or www.suomi.fi. of the supervision of the dispensing activity
In practice a written plan outlining the (Alkol 21c § subsection 4).
licensed premises must always be presented
to the licensing authority when applying for A change to licensed premises requires
a licence for new premises or when new permission if:
licensed areas in existing premises are taken 1) the licence is for a fixed-term,
to use. 2) the licensed premises extended are out-
The plan has to show how the licensed side,
premises will in practice be defined. It has 3) the licensed premises are extended to an-
to also clearly display that the area will be other building (AlkoA 22 § subsection 1).
defined in a way which will be obvious to
the customers. In addition, the area has to Changes carried out inside the licensed
be marked off using structures and equip- premises usually have an effect on the super-
ment so that the premises can be efficiently vision of dispensing such that the licensing
controlled and that the customers cannot authority can handle them on the basis of a
easily take their alcoholic beverages off the notification only. For example, if a smoking
premises. Defining the licensed premises as a room is built in the restaurant, reducing the
technical question has to always be examined area used for dispensing alcoholic beverages
together with the premises own self-control and reducing the number of customer places,
system. These together enable dispensing the change to the licensed premises can be
which is in accordance with the provisions. handled on the basis of a notification only.
The notification of changes to licensed
Changing the licensed premises premises must be placed with the licensing
authority at least three weeks prior to the
Changing the licensed premises can concern implementation of the planned changes. In
indoor or outdoor areas within the licensed turn, the licensing authority must notify, with-
premises or areas which are apart from the in two weeks of receiving the notification, if it
licensed premises. The changes can be either is approved (AlkoA 22 § subsection 2).
permanent or temporary.
The indoor changes of licensed premises The notification and the application must
include, for example, the extension of the include the following information and
main dining room or other sections of clarifications regarding the changes to the
13
Alcohol Issues in Licensed Premises
licensed premises (the form is available from 1.13 Kitchen alcohol
the State Provincial office or www.suomi.fi):
1) report on whether the changes to the A restaurant can apply for a permission to
licensed premises are permanent or use kitchen alcohol in food preparation.
temporary; Kitchen alcoholic beverages are meant
2) the date when the changed premises are purely to be used in cooking, and they
going to be taken into use; are free of alcohol tax. The use of tax-free
3) a report on the licence holders permis- kitchen alcohol for mixing drinks or cocktails
sion to use the changed area (e.g. rental is prohibited. breaking this prohibition leads
agreement); to the cancellation of the licence.
4) a report showing which area of the li- The licence has to be applied for from
censed premises the changes will affect; the Product Control unit of the National
5) drawings of the changes which will be Product Control Agency for Welfare and
carried out in the licensed premises or Health. The condition for receiving the
the planning permission drawings if the licence is that the need for kitchen alcohol
changes require planning permission; is justifiable and that the premises meet the
6) the customer capacity in the new or set requirements.
changed licensed premises; The application has to include a report
7) a plan showing how the new or on the purpose for the alcohol and annual
changed licensed premises will be procurement needs (the types of alcohol,
marked off; litres by type and the recipes).
8) a report on how alcoholic beverages are The use and stores of kitchen alcohol
to be dispensed in the new or changed has to be recorded.
licensed premises and how its control Applying for a kitchen alcohol licence
will be carried out; for minor use in food preparation is not
9) a statement that the licence holder profitable as the licence costs € 220 and the
has notified the municipal food control lowest annual control charge is € 95.
authority of the changes in the licensed Alcoholic beverages originally acquired
premises or made the required applica- for dispensing can be transferred to kitchen
tion, in accordance with sections 13 and use against receipt, and they can be used for
14 of the Food Act. cooking. It is permitted to use alcoholic bev-
erages as raw materials in food preparation,
under the section 21 c and d, the licensing in which case they must be included in the
authority can prohibit the introduction of price of the food. Those amounts of alco-
the changes or determine limitations and holic beverages which have been measured
conditions for them (AlkoA 22 § subsection with officially inspected instruments can be
5). The licensing authority can limit the li- separately billed as well. Any use of alcoholic
censing hours, licensed premises, the variety beverages originally acquired for dispensing
of dispensed alcoholic beverages or the and then used for food preparation must be
customer capacity. It can also set necessary documented.
conditions to enable control and the mainte-
nance of order in the premises if it is appar- 1.14 Measuring instruments for
ent that based on the plans the dispensing dispensing
cannot be reasonably controlled due to the
location or other special conditions or the Alcoholic beverages must be measured with
number of staff and their tasks. officially inspected measuring instruments
14
Alcohol Issues in Licensed Premises
(Weights and Measures Act 219/65, Weights using approved standard glasses (with a
and Measures Decree 370/92, and Measur- line measure indicating the correct capacity)
ing Instruments Directive 2004/22/eY). is an alternative for using standard capac-
Capacity serving measures (the transfer ity serving measures or metering devices for
devices, so called spirits measures of 12 cl, alcoholic beverages. The nationally approved
8 cl, 4 cl, 2 cl, 1.5 cl, 1 cl) must be officially standard glasses have traditionally been those
inspected before use. It is not necessary to for beer and cider. Approvals of line meas-
have a re-inspection as long as the stamp is ures, according to the Measuring Instrument
clear and the measure is undamaged. Directive (MID), can take into account all
Metering devices for alcoholic beverages portion sizes and types of alcoholic beverage.
(for spirits, wine, beer, cider and long drinks) When using approved standard glasses, the
must be officially inspected every three beverage must be measured up to the line.
years, and every time the seal is broken The table below shows the inspections
or the accuracy of the metering device is required for the measuring instruments used
suspect. for dispensing alcohol:
TYPE TESTS AND PERIODIC CHECKS FOR MEASURING INSTRUMENTS USED FOR DISPENSING ALCOHOL
Measuring device Type test/ Initial Periodic Check
approval inspection check interval
Bottle mouth metering device - x x 3 years
Metering device for beer/cider x x x 3 years
Metering device for alcoholic beverages x x x 3 years
Capacity serving measure (transfer measure) - x - -
Standard glass (line marker) x x - -
In older measures, the mark of the national An official periodic check can be
initial inspection consists of a crown symbol, performed and the respective mark can be
the last two digits of the year of the inspec- placed by an authorized inspection institute
tion (e.g. 06) and the inspector’s identifier only. removing or damaging seals (by brew-
number (xx). More recent measures show eries, for example) invalidates the inspection.
approvals as defined in the Measurement In Finland, the institution in charge of these
Instruments Directive (MID). inspections and type tests is Inspecta oy, tel.
Devices approved under the Measure- 010 521 600, with offices and inspectors
ment Instruments Directive have a complian- located in all areas of the country.
cy marking which consists of the Ce-mark- The Safety Technology Authority (TuKeS)
ing, a complementary metrological mark- and the State Provincial offices monitor
ing (M), the last two digits of the year of that legal measuring devices only are used
manufacture of the device (e.g. 07), and the for dispensing alcohol. The user of a meas-
identification number of the given inspec- ure which has not been inspected can be
tion institute (e.g. 0424). fined for the use of an illegal measure. For
In Finland, the periodic check mark more information on measuring, please see
consists of a stamp or sticker placed on the www.tukes.fi.
measuring instrument, with a crown symbol
and the date of the inspection.
15
Alcohol Issues in Licensed Premises
1.15 Importing alcohol for commercial A standard import licence, granted by
dispensing the Ministry of Agriculture and Forestry on
request, is required for a minimum of 3000-
once the licence holder has notified the litre consignments of grape wines.
Product Control Agency, s/he can import the If the importation is continuous, the li-
types of alcoholic beverages for dispensing cence holder can apply from the customs for
which have been specified in the licence a licence to work as a registered trader. In
(Alkol 8 §). The notification is given to the such a case the licence holder has to deter-
Product Control Agency Product Control mine a continuously valid security to ensure
unit on a notification form. The notifica- that the excise duty is paid. The forms are
tion, for which a € 110 fee is collected, is available in the Customs District office and
returned signed to the licence holder so that are to be lodged with the Customs District
it can be presented to customs if neces- where the premises are situated.
sary. The notification forms and guideline An occasional alcohol importer works as
for alcohol importation are available at the a non-registered trader. In such a case the
Product Control Agency. District Customs office has to be notified be-
The importer is responsible for the fore the products leave for Finland, and the
imported alcoholic beverages. The Product importer has to determine a non-recurring
Control Agency supervises and monitors the security for the payment of the excise duty.
execution of this responsibility. The Prod- Imported alcoholic beverages must be
uct Control Agency Product Control unit declared for taxation. The customs districts
maintains a product register of all alcoholic levy the tax. Importing alcoholic beverages
beverages sold in Finland. The product reg- is considered illegal if the alcohol tax has
ister contains the basic information of the not been paid in Finland. Dispensing alcohol
alcoholic beverages in the Finnish market which has not been taxed will lead to losing
(product name, product group, alcohol the licence.
content, eAN code, producer, country of
origin, net content and packaging type) and 1.16 Restaurant’s self-supervision in the
the trader responsible for the product. The product control of alcoholic beverages
importer has to report the product register
of all new products before they enter the licensed premises are responsible for the
market. product control of the alcoholic beverages
All imported consignments have to be that they sell. The responsibility is particularly
reported monthly to the Product Control emphasised when the restaurant imports al-
Agency Product Control unit on a report coholic beverages for its own sale and when it
form on the 18th of the month (at the lat- dispenses draught beer since the quality of the
est) following the month of importing. beer in such a case is dependent on the condi-
The practical measures differ when alco- tions and the actions which have been taken.
holic beverages are imported from the eu or The Product Control unit has compiled
from third party countries. beverages which together with brewing and catering sec-
are imported from third party countries are tors organisations guidelines for self-control
required to have an initial inspection analysis of beer in restaurants: oluen omavalvonta
certificate from an approved laboratory on ra-vintolassa (Helsinki 1997). According to
the products composition and quality. This the guidelines, the quality checks of beer
analysis certificate must be attached to the are part of the general self-control proce-
product notification. dures in a restaurant; it should be part of the
16
Alcohol Issues in Licensed Premises
restaurants self-control plan. The guidelines cial offices record the information into the
present the most common quality risks re- alcohol industry register. The licence holder
lated to the dispensing practices of beer and can also fill and return the form online in the
how to prevent these risks, as well as giving following address: www.sttv.fi.
an example of a self-control form. If there has been no sales in the notifi-
The Product Control unit monitors the cation period and the licensing authorities
quality of draught beer by carrying out ran- have not been notified of the discontinua-
dom cleanliness checks and taking labora- tion of activities in the restaurant, the quar-
tory samples. terly notification has to be given by the due
date showing that there has been no sales in
1.17 Collecting information and the that period.
duty to report Neglecting to send the correct informa-
tion is considered a credibility issue and,
The licence holder is obligated (Alkol 44 §) hence, as an offence under Alcohol Act 22
for control purposes to inform the licensing Subsection 1 Paragraph 1 which states that
authority on a quarterly basis about the sales the licence can in repeated cases even be can-
and staff information. celled. If the restaurant has after a request still
every licence holder has to hand in the not presented the control form, the licensing
information on a form to the State Provincial authority will start sanction procedures.
office on the 10th of the following month. receiving the information is important
If the licence is temporary, the form has to to the entire sector because it enables de-
be handed in ten days after the activities velopment of the sector and preventing grey
have been discontinued. The State Provin- economy and financial crimes.
2. Advertising alcoholic beverages in restaurants
2.1 General principles promotion or are improper otherwise. The
total impression created by the marketing
Advertising strong alcoholic beverages is often decisive when it is assessed which
on licensed premises is permitted, if the practice violates the law.
premises hold a licence to dispense strong The forms of advertising and promotion
alcoholic beverages. The advertising must be prohibited under the Alcohol Act (section 33
fact-based and restricted. It is prohibited to § subsection 2) are defined in more detail in
advertise strong alcoholic beverages on the the guidelines for advertising alcohol by the
outside of the licensed premises (bill boards, National Product Control Agency (2/02/99).
window stickers, adverts in the paper media
and the internet). Advertising in restaurants 2.2 Pricing and price announcements
is defined in more detail by the Ministry of in the advertising of alcoholic beverages
Social Affairs and Health, decision 841/95.
Advertising mild alcoholic beverages In the Alcohol Act, there is no upper or
(max 22% alcohol by volume) is primarily lower limit for the pricing of alcohol. When
permitted. It is prohibited, however, if it necessary, the Ministry of Social Affairs and
is targeted at minors, or if the promotion Health can, under the Alcohol Act, give
methods violate the existing good custom in regulations regarding the basis of the pricing
17
Alcohol Issues in Licensed Premises
of alcoholic beverages. So far, such regula- When alcoholic drinks are advertised,
tions have not been issued. the size of the portion and its price must
The Alcohol Act was amended by a new both be told. The price announcements
section, 33 a (588/2007), to cover pricing must not mislead the consumer. It may be
and price announcements. The new regula- misleading to express the size of the portion
tions, entering into force 1 January 2008, by the words ”large” or ”small”, because
prohibit bulk discounts and marketing the there may be different types of portion sizes
”happy hour”. in use in the restaurant. The advertisement
must state in centilitres what constitutes,
Pricing for example, a ”large tankard” of ale or a
”glass” of red wine.
under the Alcohol Act, section 33 a, sub- The price of an alcoholic drink may vary.
section 1, it is not allowed to offer two or The basis for the change in the pricing may
more containers or portions of any alcoholic be an event which is objectively observable.
beverage on bulk discount, in other words, The pricing basis must be clearly explained,
priced together in such a way that the unit and the change must concern all customers
price of the same goods, bought separately, equally. It is permissible, for example, to re-
would be higher. In dispensing, the basic duce the price of beer by 20 cents per goal
principle is that alcoholic beverages are dis- during a televised sports event, or to fix the
pensed one portion per customer at a time. price of beer to reflect the outside tempera-
because of this, bulk discounts in dispensing ture on the terrace.
seldom come up. The restaurant can price alcoholic bever-
According to the rationale of the Act, ages more economically for the customer
the bulk discount prohibition concerns those when the customer group in question is
cases also in which alcoholic beverages are clearly defined, such as those registered as
served according to a sort of ”take two for regulars. Special prices for regular custom-
the price of one” -principle, in which two ers are thus permitted. In all advertising of
simultaneous orders of alcoholic beverages, the special prices which regular customers
made together for two different people, are get, the regulations explained later must be
priced less than two separate single orders adhered to regarding the announcing of the
would be. However, this regulation does not special prices.
prohibit a restaurant from selling alcohol for
a private occasion, for example, at a price If the entrepreneur uses a customer bonus
less than the listed restaurant prices, provided plan or a similar customer benefit plan in
the cheaper pricing does not require that the which alcoholic beverages form a part of the
customer buys a certain amount of alcohol. product purchases leading to a benefit, the
The regulation does not concern a situ- following conditions must be adhered to:
ation, either, in which the same alcoholic • The bonus system must not be limited
beverage is sold in different containers, for to alcoholic beverages only. The sys-
example in bottles of 0.33 litres and one tem must cover all purchases made by
litre. It is permitted that the alcoholic bever- the customer on the licensed premises
age in the larger container be priced lower within a certain period of time.
per litre than it is in the smaller container. • The benefit must be expressed in euros,
This is the case in the pricing of e.g. beer and it can be max 5% of the purchases
and red and white wine, when they are made in the places of business of the en-
dispensed per glass or per bottle. trepreneur within a certain period of time.
18
Alcohol Issues in Licensed Premises
• The customer must have the freedom to alcoholic beverages on, for example, outside
choose which services or benefits he/she booths, wall-mounted bill-boards or in the
claims on the licensed premises for the window and door of the restaurant.
amount of the euros of the gained benefit.
• The bonus system must not be marketed Announcing special offers on
in a way which would cause alcoholic alcoholic beverages
beverages to increase the bonus as well.
• In order to aid the supervision of the The new provisions of the Alcohol Act section
bonus system to ascertain its conformity 33 a set limits on showing prices of mild alco-
to law as well as its compliance with ex- holic beverages outside the licensed premises.
isting guidelines, the licence holder must under the new provisions, it is not permitted
provide, if the licensing authority sees to show the price set for a special offer on
it necessary, an explanation of matters any alcoholic beverage outside the licensed
relating to the use of the bonus system. premises if the offer is valid for less than two
months. The decisive factor is the uninter-
Showing price information rupted period of validity of the price. ”Happy
hour” special offers are usually valid for a few
The Decree on indicating prices of con- hours at a time, and therefore, the require-
sumer goods in marketing (price mark- ment is not fulfilled that the period of validity
ings), 1359/1999, requires that the sales extend without interruption for two months.
prices and unit prices of consumer goods It is not permitted to display the special
are indicated in all marketing activities in a prices of alcoholic beverages on offer for less
way which is clear, unambiguous, and easily than two months, or ”happy hour” prices,
understandable and noticeable from the outside the licensed premises on places like,
consumers’ point of view. The Decree on for example, the door, window or street,
price markings applies to restaurants, for nor is it permitted to advertise them, for
example, and the prices of products sold in example, in papers, the Internet-site of the
them, such as alcoholic beverages. restaurant, and in the communications di-
Information on the prices and portion rected to the regular customers. Announcing
sizes of those alcoholic beverages which sell prices for special offers on alcohol is per-
best on the premises, or are most com- mitted only when the offer is valid without
monly ordered there, must be available on interruption for at least two months. If a
the premises for customers to see easily on, special offer under a customer bonus plan or
for example, the wall, counter or tables. In an offer available to bonus coupon holders
addition, customers must always have ac- is not valid for two months without inter-
cess to a complete list of prices of alcoholic ruption, it is not permitted to advertise it. In
beverages. According to the Decree on price order to make sure that the validity period of
markings, the price information should, the price of the advertised alcoholic bever-
when possible, be visible outside the premis- age in question is completely unambiguous,
es as well. However, it is only the price in- it is advisable to mention the validity period
formation of mild alcoholic beverages which of the price in the marketing materials.
may be visible outside the licensed premises, because the pricing of alcoholic beverag-
as under the Alcohol Act it is permissible to es is free as such, special prices and ”happy
advertise and present strong alcoholic bever- hour” offers are permitted as before, but it
ages inside the licensed premises only. It is is permitted to announce them only within
permissible to announce the prices of mild the licensed premises.
19
Alcohol Issues in Licensed Premises
2.3 Inappropriate sales promotion A licence holder may, however, serve the
customers mild alcoholic beverages free, if
under the Alcohol Act 33 §, section 2, it is done with an element of surprise and
subsection 7, the National Product Control as a gesture of hospitality. For example,
Agency for Welfare and Health and the the customers present on the premises at
State Provincial offices can intervene with a given moment may be served a round of
the advertising and promotion activities some mild alcoholic beverage on the house
of alcoholic beverages if they are contrary because of a significant event.
to good manners or use methods that are The hospitality gesture must not be an-
inappropriate from the viewpoint of the nounced beforehand by advertising in the
consumer. media or by text messages. The free serv-
The prohibited type of advertising ing must be completely random, and the
includes such methods as attracting cus- amount of alcohol served must be moder-
tomers to the restaurant with free alcoholic ate. It is not permissible to arrange the serv-
beverages or offering drinks cheaper if the ing regularly so that the customers would
customer takes more. It is not permitted to know the time beforehand even if it were
advertise in a way to attract the so-called not publicly announced.
weak consumer groups such as the young or
those with a tendency to abuse alcohol. 2.4 Lotteries and open competitions
examples of inappropriate and prohibited It is not permitted to arrange lotteries for
promotion: the public on licensed premises with alco-
• ”First drink free”, ”Lottery tickets for holic beverages as prizes. It is inappropriate
free drinks” and therefore prohibited, for example, for a
• Packaged services and/or goods sold restaurant to announce “a raffle for a bottle
by the restaurant, containing the right of wine with everyone joining who is in by
to consume alcoholic beverages with- 9 pm”. An entry ticket or other receipt must
out limit; for example, ”Free drinks on not function as a lottery ticket. events a par
VIP-ticket”, ”even money - and drink with lotteries are competitions in which pure
as much as you can before your time is chance decides the winner, like bingo.
up” If the restaurant arranges competitions
• ”Two drinks for the price of one” which involve the evaluation of the skills or
• Bonus cards and other documents knowledge of the participants, or measuring
intended to be stamped, for example: their performance, a prize may be, in addi-
”every tenth beer for free”, ”every fifth tion to other prizes, a moderate amount of
drink for half price” some mild alcoholic beverage. The restau-
• Presenting the buyer of an alcoholic rant must not advertise the competitions
drink with a t-shirt, cap or other material and the prizes which include alcohol in a
not essential for the consumption of the way which could be seen as inappropriate or
drink in violation of the existing good custom.
• Beer drinking competitions and other It is not permitted to arrange lotteries
similar events in which the drink is alco- or competitions for the customers in res-
holic. The alcohol by volume percentage taurants in which the prizes would involve
of drinks permissible in these competi- strong alcoholic beverages, even if participa-
tions is max 2.8. tion would not require buying.
20
Alcohol Issues in Licensed Premises
2.5 Freebies and combined offers and serve for free a moderate amount of
mild alcoholic beverages. occasional in this
The buyer of alcoholic beverages must not connection means 1 – 2 events a year.
be presented with an extra product into the The regulars must have an existing
bargain which does not have a palpable customer relationship. The invitation to the
connection to the alcoholic beverage. For event must be sent beforehand and it must
example a drink and its decorations have a be personal. A person is not a regular if he
clear connection in the situation in which arrives at the restaurant and registers as a
the alcohol is consumed. regular only then in order to benefit from
the free service.
It is permitted to: In these events, only mild alcoholic
• present the glass as a freebie with one beverages may be served for free. Advertis-
mild alcoholic drink. The glass is essen- ing and promoting strong alcoholic drinks
tial and necessary for consuming the is illegal. Therefore, the licence holder must
alcoholic beverage. not serve the regulars (=consumers) strong
• offer a meal and one mild alcoholic alcoholic beverages for free.
drink for one price. It must be stated in The invitation to the event must not con-
the connection that there is a non-alco- tain expressions which might give the impres-
holic alternative available as well. The sion that there would also be strong alcoholic
drink is not “free”, because the custom- beverages available during the event. If the
er pays for it in the combined price. words drink or cocktail are used, the invita-
• include one mild alcoholic drink in the tion must clearly state that they contain mild
price of the show ticket in the case of alcoholic beverages, like cocktails prepared of
a significant function involving a pro- mild alcoholic beverages only.
gram, held on licensed premises; where The amount of alcohol served must stay
the drink can be considered a welcome moderate. Moderate means, for example,
gesture; and also to include a moderate, that the served amount would not lead to
limited number of mild alcoholic drinks the intoxication of the customer in a normal
with the meal in the same ticket. There situation. A moderate amount would consist
must be a non-alcoholic alternative of about three standard restaurant portions.
available. It is not permitted to include restricted events for regulars must be
strong alcoholic beverages in the show clearly limited in time in the invitation, for
ticket. example an event may take place on 6 June,
• include one mild alcoholic drink in the 2008, from 7 pm to 10 pm. The restaurant
price of the entry ticket, to be consumed or the relevant part of it must be barred
during the visit in question. The cus- from other public for that period. After the
tomer must be informed that there is a event, the restaurant can continue operating
non-alcoholic alternative available. The normally, open for the public. The regu-
drink is not “free” because the customer lars also can continue their evening in the
pays for it in the price of the entry ticket. restaurant.
2.6 Events for the regulars 2.7 Product presentations
The licence holder may occasionally arrange It is permitted to present alcoholic beverages
events for the regulars, keeping the events on a licensed dispensing area in connection
restricted in participation and limited in time, with for example trade shows. In a trade
21
Alcohol Issues in Licensed Premises
show open for the public, it is not permit- as using the beverage’s product code
ted to serve alcoholic beverages for free, or instead of the name (for example 013
to have them tasted for free. The tasting for Koskenkorva).
and consuming of drinks in connection with • pictures of strong alcoholic beverage
product presentations must be done accord- bottles or labels;
ing to the provisions and regulations con- • the established symbols of strong
cerning dispensing and advertising. alcoholic beverages (e.g. the field on a
The presenters in the alcohol sector Koskenkorva bottle label);
must agree with the licence holder about • the entire beverage selection, including
the delivery of the alcoholic beverages to the strong alcohols e.g. all drinks for two
tradeshow as well as other practical arrange- euros.
ments for the presentation. Section 85 of
the Alcohol Act states that only legally sup- Advertising strong alcoholic beverages inside
plied alcoholic beverages may be consumed the restaurant is permitted. When drinks
on licensed premises. portions are advertised the size and price for
The alcohol to be dispensed can be the entire portion and the amount of alcohol
procured from the State Alcohol Monopoly, in a cocktail have to be displayed.
a licensed producer, or a wholesaler. After in-
forming the National Product Control Agency, However, strong alcoholic beverages cannot
the licence holder may also import the alco- be advertised
holic beverages for the dispensing. Also for • in products that the customers are
the purposes of product presentations, the al- meant to take with them (postcards, fly-
coholic beverages to be taken to the licensed ers, matchboxes etc.);
premises must be procured as previously • by organising raffles and competitions
stated, and the deliveries must be recorded on connected to strong alcoholic beverage;
the license number of the premises. • by giving as prizes or raffle prizes prod-
ucts which display symbols of strong
2.8 Advertising of strong alcoholic alcoholic beverages (e.g. t-shirts);
beverages • by offering samples of strong alcoholic
beverages.
It is prohibited to advertise strong alcoholic
beverages directly or indirectly outside a res- The staff clothing can display symbols of
taurant. It is permitted, however, to inform strong alcoholic beverages. Work clothes
the public of the extent of the license, for have to remain work clothes: the restaurant
example, “A-rated” or ”fully licensed”. has to make sure that work outfits with sym-
Strong alcoholic beverages cannot be bols of strong alcoholic beverages do not
advertised in newspapers, television, win- end up outside the licensed premises.
dow stickers, outside signs, the Internet etc. Advertising drinks or cocktails made
with strong alcoholic beverages means
In advertising it is forbidden to show: promoting strong alcoholic beverages which
• strong alcoholic beverages product is prohibited outside the restaurant. The
name (e.g. Finlandia Vodka, Koskenko- prohibition refers to all cocktails made with
rva Varg-tass) or alcohol type (e.g. Irish strong alcoholic beverages whether their
Whiskies, coffee and cognac). It is also name includes the name of a strong alco-
not permitted to refer to alcoholic holic beverage (e.g. kossuvissy, jallukola) or
beverages in a roundabout way such not (e.g. Caipiroska, Irish Coffee).
22
Alcohol Issues in Licensed Premises
Advertising the cocktail list is also tise drinks made with mild alcoholic bever-
prohibited if it includes cocktails which are ages, it has to be clearly shown: tervasnapsi
made with strong alcoholic beverages. It 21%, mild salmari, Pink Cat salmari 21%.
is only permitted to advertise drinks which
have been made entirely with under-22% 2.9 Tobacco advertising
volume alcoholic beverages.
Pre-bottled mild alcoholic beverages can Direct and indirect advertising and other
be advertised if the name does not include promotion of tobacco, tobacco products,
the strong alcoholic beverages type. Hence, tobacco imitations, and tobacco equipment
long Drinks which have been bought from a is prohibited (Act on Measures to reduce To-
wholesaler can be advertised but house long bacco Smoking 8 §, later Tobacco Act). The
drinks cannot since they are made on the prohibition includes restaurant premises.
premises from strong alcoholic beverages, other provisions of the Tobacco Act
and advertising them promotes the restau- have to also be complied with in restaurant
rants strong alcoholic beverage sales. activities, where appropriate. The sales and
Such names as snapsi and salmari or advertising of products referred to in the
salkkari awaken images of strong alcoholic Tobacco Act are monitored by municipalities
beverages. If these terms are used to adver- and the Product Control Agency.
3. Supervision and sanctions
3.1 Self-supervision sion still further. Authority inspections moni-
tor how the self-supervision is working. The
The self-supervision of the licensed premises State Provincial office registers in the alcohol
plays a central role in preventing miscon- trade register whether the licensed premises
duct. So far, there are no provisions in the have a self-supervision plan or not.
Alcohol Act requiring the licence holder to Customers who are clearly intoxicated
draft a self-supervision plan for supervising must be removed from the licensed premises.
the dispensing activities and maintaining In addition, customers who behave disturb-
order. However, a plan of this kind, contain- ingly must be removed from the licensed
ing procedural instructions for the staff for premises (Alkol 23 § subsection 1). The pri-
various cases in which misconduct and dis- mary task of the licence holder and the staff
turbances can occur, serves both the licence is to maintain the good order on the licensed
holder and the staff well. The plan should premises. If the maintaining of the order or
pay special attention on the prevention the safety of the customers so require the
of the more serious offences, for example police must be called to clear the situation.
by making sure all regulations regarding In all operation, the licence holder must also
minors and intoxicated customers are strictly pay attention on the requirements of the
adhered to. The staff should study under the near vicinity. The operation must not cause
leadership of the Duty Manger, at regular undue harm or disturbance to those living
intervals, how the supervision activities are near the licensed premises. In all matters re-
being carried out under the self-supervision lating to the maintenance of good order on
plan. If required, the plan must be enhanced the premises, the licence holder should keep
to improve the operations and their supervi- in regular contact with the local police.
23
Alcohol Issues in Licensed Premises
In order to maintain order and safety, and supervising the advertising and sales
the licence holder can place security person- promotion of them in all of the country. The
nel, as provided in the Security Stewards Act aim of the National Product Control Agency
(533/1999), on the premises and in their for Welfare and Health (STTV) guidance is to
immediate vicinity. Also the police may order ensure that the law is applied in a consistent
the licence holder to place security person- manner in the entire country (government
nel, for a certain period or until further Decree 1140/2004 1 a §).
notice, on the premises or in their immediate For the sake of supervision, the National
vicinity, if there has been repeated distur- Product Control Agency for Welfare and
bance in the operation of the business or if Health (STTV) and the State Provincial office
there otherwise is any special reason related are entitled to inspect licensed premises, the
to the operation of the business to do so in operations performed there and the docu-
order to maintain order and safety (Maral ments needed for the supervision, as well as
5 § subsection 2). The State Provincial of- to have access all notifications, information
fice can set conditions concerning security and documents necessary for the purposes
personnel when granting the license, if the of supervision. The National Product Control
supervision and maintaining order so require Agency for Welfare and Health (STTV) and
(Alkol 21 d § and 22 § subsection 1). the State Provincial office are also entitled to
take and obtain free-of-charge such samples
3.2 Authority supervision as are needed for the supervision (Alkol
44 §).
The State Provincial offices supervise both on inspection visits, the inspecting
the retail sale and serving of alcoholic bever- authority works, as far as possible, in a way
ages and the advertising and sales promo- which does not disturb the customers or
tion of alcoholic beverages in their areas the normal operation of the restaurant. The
(Alkol 42 §). The National Product Control inspector introduces himself or herself to the
Agency for Welfare and Health (STTV) is duty manager by showing his or her badge.
entitled to handle supervision activities in The duty manager and the rest of the staff
the entire country (Alkol 41 §). Inspection must cooperate well with the inspector. It is
visits to licensed premises are conducted in a not appropriate, for example, to inform the
planned manner, often together with other customers that there is an inspector present,
authorities such as the police. In order to as this might cause undue confusion.
prevent grey market operations and eco- The inspector discusses the possible
nomical crime in the restaurant business, cases of misconduct or other defects with
the cooperation has been intensified with the duty manager, if the inspector detected
the authorities especially in internal revenue, any. Inspection records are taken, and a copy
debt recovery, customs, police and occupa- is given to the licence holder or the duty
tional health. manager. The records can include a request
The tasks of the National Product Con- for the licence holder to present a clarifi-
trol Agency for Welfare and Health (STTV) cation, if any misconduct or defects were
include guiding the supervision of the licence detected.
administration and supervision activities of The role of the police in the supervision
the State Provincial offices, providing infor- of dispensing activities is central. The police
mation and communications services for the controls maintaining public order on licensed
alcohol administration, and supervising the premises (Alkol 46 §). If the maintenance
retail sale and serving of alcoholic beverages of order so requires, the police can suspend
24
Alcohol Issues in Licensed Premises
the serving of alcoholic beverages for a the dispensing activities are fulfilled and the
maximum of 24 hours. If dispensing is sus- licence holder abides by the provisions of
pended, the State Provincial office must be the alcohol legislation.
notified (Alkol 22 § subsection 2). The prevention of grey market activities
The police use an electronic check form in the restaurant business forms a significant
for informing the State Provincial office im- key area for the supervision activities. Perma-
mediately if any misconduct or defects are nent cancellations of licenses are, most of-
detected on licensed premises so that the ten, caused by the licence holder neglecting
State Provincial office can initiate the pos- to pay his taxes and other public charges.
sible further actions required by the Alcohol For single, minor misdemeanours, the
Act. The police can impose a fine on a staff sanction usually is an admonition or fine.
member working on licensed premises, for repeated, more serious offences can lead
example a waiter or waitress, if he or she to the withdrawal of the license either for
is caught in violation of the provisions on a certain period or permanently. Dispens-
dispensing alcohol (Alkol 93 §). ing alcoholic beverages to a minor under
18, and dispensing alcoholic beverages to a
3.3 Sanctions for breaking the person who is clearly intoxicated, are serious
dispensing regulations offences. The sanctions on dispensing to
minors take a strict line. The line is getting
The licensing authority can issue the licence stricter as regards dispensing to intoxicated
holder an admonition or written warning, persons as well. It is the role of self-supervi-
or set conditions necessary for supervi- sion to ascertain that there is no dispensing
sion, or without compensation restrict the to minors or clearly intoxicated persons.
license it has granted by limiting the serving Disturbances and violations of dispens-
hours, serving area or the kinds of alcoholic ing provisions, especially those concerning
beverage to be served, or the authority can, dispensing to intoxicated persons, can also
without compensation, withdraw the licence lead to the withdrawal of the license to keep
for a certain period or permanently if: extended hours.
1) the Alcohol Act or the provisions or Prior to the setting of the sanction, the
regulations issued in virtue of it have licence holder is asked to provide a written
been violated in the business, explanation. If the licence holder does not
2) the licence holder is considered to no provide one within the prescribed time, the
more fulfil the conditions for having the matter can be solved according to Alcohol
licence or to have lost his/her reliability; Act § 22.
or
3) there has occurred disturbance or other 3.4 Sanctions for violations of the
malpractice have occurred on the licensed advertising provisions in the Alcohol Act
premises (Alkol 22 § subsection 1).
If an alcoholic beverage is advertised or if
The National Product Control Agency for other marketing or promotion contrary to
Welfare and Health (STTV) and the State the section 33 of Alcohol Act is carried out,
Provincial office monitor that the licence the National Product Control Agency for
holder continuously holds the reliability Welfare and Health and the State Provincial
required under Alcohol Act 21 a § for dis- office can prohibit the subscriber of the
pensing alcohol and that the economic and activities or their executer and those work-
professional qualifications for continuing ing for them not to continue or repeat the
25
Alcohol Issues in Licensed Premises
activities which are in violation of the provi- Product Control Agency for Welfare and
sions (Alkol 49 § subsection 1). Health or State Provincial office can also
The National Product Control Agency for highlight its instruction with a conditional
Welfare and Health or State Provincial office imposition of a fine or a threat of action if
can intensify the ban or order given under corrections have not been made in the given
the provisions of the act with a conditional time (Alkol 48 § subsection 2).
imposition of a fine or threat that after a In accordance with section 22 of the
set time the unfinished procedures will be Alcohol Act advertising misconducts which
carried out on the expense of the defaulter have taken place in licensed premises can
(Alkol 50 § subsection 2). The National also lead to licence implications.
4. Granting a licence
A licence can be granted to a natural person 4.1 Fixed term licence
or a legal person.
The licence is granted for the ongoing A fixed term licence is granted for a maxi-
future, for a fixed term or for a temporary mum of one year.
period. A fixed term licence may be granted if
The licence is specific to the trader there is a specific reason to observe the li-
and licensed premises. A trader who has a cence holders preconditions for carrying out
licence for one place cannot start dispens- licensed activities. The criterion for granting
ing in new premises before s/he has been a fixed term licence and for observation may
granted a licence for them. If a trader with a be the licence holders deferred tax which
licence hands over the premises to someone s/he is paying off according to the scheme
else who continues the business there, the of payment. granting a fixed term licence
new trader cannot dispense alcoholic bever- may also be justified in order to observe the
ages in the licensed premises in question licence holders trustworthiness. A reason for
before s/he has applied for a licence, and this may be that the licence holder has previ-
the licensing authority has granted it. If the ously committed crimes or s/he is justifiably
licence holder wishes to transfer the licensed suspected to have a problem with alcohol.
activities to new premises, s/he has to apply If licensed activities in the same place
for a new licence. have previously caused disturbance and
Section 85 of the Alcohol Act contains inconvenience to the surroundings or the
the provisions concerning illegal sales of general order, a fixed term licence might be
alcohol. An unlicensed person who sells or granted to enable observation.
otherwise procures for a fee, or offers or A fixed term licence might also be con-
keeps alcoholic beverages for sale, can be sidered when the nature of the activities in
fined or sentenced to imprisonment for a licensed premises is also restricted to a fixed
maximum of two years for procuring alco- term. Such a situation might occur when the
holic substances. The financial benefits of premises have only been rented to the trader
the crime are forfeit under the Alcohol act for a fixed term.
as required in the Penal Code.
26
Alcohol Issues in Licensed Premises
4.2 Temporary licence The alcoholic beverages for the tem-
porary licensed premises must be procured
A temporary licence can be granted for a with the temporary licence number even if
function whose duration has been clearly the licence holder has a restaurant with an
defined in advance. A licence for functions ongoing licence in the region.
and events is granted for a maximum of one When the activities under the temporary
month. licence have been finished, the events food
A temporary licence is granted on the and drink sales have to be reported to the
same basis as fixed term licences and ongo- State Provincial office on a quarterly notice
ing licences when it comes to the applicant, form within ten days of the function end-
duty manager and his/her assistants and the ing. After the event the remaining alcohol
location of the licensed premises. store can be transferred to other licensed
When the licence application is assessed, premises or returned to wholesalers (see
the nature of the function, the suitability of chapter 1.4).
the premises and the dispensing arrange-
ments are evaluated. under section 21 d 4.3 Applying for a licence
of the Alcohol Act, the licence might be
rejected or limited if the licence is applied before starting licensed activities, the trader
for a sports function or event which by has to apply for and be granted a licence for
nature is a family event or if a high number the premises in question.
of children or young people are expected The licence is granted by the State
to participate. When temporary licences are Provincial office on a written application. A
granted, special attention is given to the licence for dispensing aboard public trans-
nature of the event and its extent, as well port is granted by the State Provincial office
as to the dispensing arrangements and the in the applicants place of residence, or if
applicants ability to attend to control and the applicant does not have a residence
efficiently maintain order. The temporary in Finland, in the State Provincial office of
licensed premises have to be clearly and Southern Finland (AlkoA 20 §).
unambiguously marked off. The licensed It is recommended to hand in the ap-
premises have to be marked off and control plication well in advance before the licensed
organised in a way which ensures that the premises are due to open or a new owner
dispensed alcohol cannot be removed from takes over since dispensing without a licence
the premises. A staffing plan and plans for or with the previous owners licence is illegal.
marking off the licensed premises have to be The premises have to be mostly finished and
given to the licensing authority. the required changes carried out before the
The licensing authority can limit the licensing authority can approve the premis-
number of customers to a level which en- es. The licence is not granted until the ap-
sures that uncontrollable situations will not plicant and the premises have been verified
arise. to fulfil the licence requirements.
The applicant has to prove that the tem- The licence is applied for with a spe-
porary licensed premises will have sufficient cific form which can be obtained from the
sanitary facilities. As a rule, the applicant State Provincial office or www.suomi.fi. The
has to organise sanitary facilities for the required documents are listed on the form.
premises, and general sanitary facilities for every applicant has to give the company’s
a public event will not be considered for business identification number. The com-
his/her benefit. pleted form with the attached documents is
27
Alcohol Issues in Licensed Premises
returned to the State Provincial office who 4.4 Companies or other communities
asks for statements from such parties as the under formation
police.
A limited company, cooperative or an or-
The application has to state: ganisation which is under formation cannot
be granted a licence because they have legal
1) the name of the applicant, business identity only after registration. However, if
identification or identity number or date a licence is in such a case applied by and
of birth and contact details; granted to a private individual, the licence
2) the names, contact details and identity issue has to be brought to the licensing
numbers or dates of birth for the people authority for processing after the registra-
in the governing body of a legal person, tion of the company if business activities are
the director, the partners in a partner- run by an organisation. A partnership and a
ship and the accountable partners in a limited partnership can apply for a licence in
limited partnership; their own name after the company’s basic
3) the duty manager and his/her assistants report has been left with the registration
names, identity numbers or dates of authorities.
birth and contact details;
4) the licensing hours, location and contact 4.5 Licence for fermented alcoholic
details of the licensed premises. beverages whose percentage by volume
does not exceed 4.7
The following have to be attached to
the application: The licence entitles the licence holder to
dispense alcoholic beverages whose percent-
1) a legal persons company articles, part- age by volume is maximum 4.7% such as
nership agreement or rules as well as the beer, cider as well as long drinks and light
latest confirmed profit and loss account wines produced through fermentation. It is
and balance; not permitted to dispense mild cocktails if
2) the duty manager and his/her assistants the ingredients include alcoholic beverages
agreement to take the post and the cer- which are stronger than 4,7.by volume and
tificates proving their professional ability; have not been produced through fermenta-
3) a plan for the number of staff and their tion.
tasks;
4) a plan for marking off licensed area 4.6 Licence for alcoholic beverages
including the drawings for it; whose percentage by volume exceeds 4.7
5) other accounts required by the licens-
ing authority of the applicants finan- The licence to dispense all alcoholic bever-
cial standing, organisation, staff, duty ages, the so called A-licence, entitles the li-
managers, customer capacity and the cence holder to dispense all mild and strong
licensed premises and area. alcoholic beverages.
In practice the licence can also be grant-
The licensing authority can, if necessary, ed as a b-licence which entitles the licence
demand for preconditions for granting the holder to dispense mild alcoholic beverages
licence, limitations to the licence or further which include drinks whose percentage by
reports on establishment of terms for control volume is no higher than 22%.
and maintenance of order (AlkoA 21 §).
28
Alcohol Issues in Licensed Premises
4.7 The grounds for granting a licence Catering Firms. The licence applicant
has to attach to the licence applica-
For granting a licence, the Alcohol Act tion a statement showing that the
imposes the following precondition which above mentioned reports have been
also applies in cases of change to ownership completed.
(Alkol 21 a - d §): • the licensed premises have to be
• the licence holder has to be deemed exclusively managed by the licence
necessarily trustworthy to dispense holder and the authorities have to
as well as fulfilling the other finan- be able to control the premises;
cial and professional requirements;
• the licensed premises have to be suit- The mention of the licence holders exclusive
able for restaurant use. They have to management means that no other trader
fulfil the requirements that legisla- can run their own business in the premises.
tion imposes on premises used as business activities cannot be divided in such
licensed premises; a way that the licence holder sells alcoholic
beverages in the licensed premises and some
Provisions on the approval and use of other trader runs his/her own business sell-
licensed premises are given especially in the ing food. This prohibition makes it easier to
Food Act, and provisions on the construction control the licensed premises and establishes
of them are found in the legislation on fire a clear relationship of responsibility. The
and rescue services. The restaurant entre- above does not, however, make it prohibited
preneur must apply for the approval of the for the licence holder to buy food prepara-
food premises by the municipal food control tion services or prepared food from another
authority before the beginning of operations trader, as long as, food in the licensed
or any substantial change in operations. The premises is sold by the licence holder and for
food control authority makes the decision his profit.
on the approval of the food premises (Food
Act, sections 14 and 15). • to enhance efficient control and
maintenance of order, the licensed
The applicant must provide a statement con- premises must have a suitable
cerning the approval of the food premises number of staff to cover the extent
with the application. and quality of the activities;
• the licence holder has to be deemed
necessarily trustworthy to dispense The licensing authority can influence on the
as well as fulfilling the other finan- number of staff in the licensed premises if
cial and professional requirements; the licensing authority find that with the
• the licensed premises have to be suit- extent and quality of the licensed premises
able for restaurant use. They have to in mind, efficient control and maintenance
fulfil the requirements that legisla- of order cannot be carried out with the
tion imposes on premises used as number of staff the applicant proposes. The
licensed premise). Before business ac- evaluation of the sufficiency of the number
tivities in the premises are initiated, of staff can also come up in connection
the licence holder has to also give to violation cases. under section 22 of the
a report to the local police which Alcohol Act, when a sanction decision is
is in accordance with section 3 of made, the licensing authority can set a con-
the Decree on Accommodation and dition on the licence that the licence holder
29
Alcohol Issues in Licensed Premises
has to hire a security steward if it finds that 4.9 The requirements for the applicant
the number of staff in the licensed premises
is not sufficient. A licence is granted to an over eight-
een-year-old applicant who has not been
• The licence can be rejected or limited declared bankrupt and whose ability to
if function is not limited and who possesses
- it is applied for premises in connec- the required trustworthiness to dispense
tion or in close proximity to premises alcoholic beverages as well as the necessary
mean for and mainly used by chil- financial and professional preconditions.
dren and young people or for a place
where the business activities are The applicant is considered to be lacking
considered to primarily be targeted the required trustworthiness and financial
at children and young people; preconditions if
- if the licence is applied for a work 1) the applicant abuses intoxicating sub-
place canteen stances,
- if the licence is applied for a sports 2) the applicant is according to a distraint
event or other function which is by or other report unfit to answer for his/
nature a family event or if a high her debts,
number of children or young people 3) the applicant has in the last five years in
will participate in the event; practising his/her profession or else-
- the location of the licensed premises where committed a crime which can
is such that the licensing authority lead to imprisonment,
has grounds to suspect due to reports 4) the applicant or organisation in which
and statements that licensing activi- the applicant has exercised authority has
ties will cause disturbance and other in the last five years had licence perma-
negative consequences to the resi- nently cancelled,
dential environment, general order 5) the applicant has repeatedly or regularly
and safety or the community services. neglected paying taxes or other public
payments,
The licensing authority supervises that the 6) the applicant has exercised authority in
provisions are complied with during the an organisation which has in the last five
validity of the licence. Hence, the provisions years been adjucated bankrupt or whose
which apply to granting a licence also apply bankruptcy lapsed due to lack of funds
to previously granted licences, in which the and if the applicants above mentioned
authorities can intervene under section 22 or directly comparable activities show
subsection 1 of the Alcohol Act. that s/he is evidently improper to prac-
tice licensed activities.
4.8 The requirement for line of
business The applicant is lacking the professional
requirements if s/he has not appointed a
The company articles or partnership agree- duty manager and his/her assistants for the
ment or other similar document has to state licensed premises as provided in section
licensed activities as the applicants line of 21 b § (see chapter 1.8).
business (STMp 162/98 3 §). What is above provided on the applicant
is also applicable to the person who based
on ownership, agreement or other arrange-
30
Alcohol Issues in Licensed Premises
ment exercises authority on behalf of the the licence register, whose authenticity is of
licence holder (Alkol 21 a §). high importance for such matters as goods
The licensing authority can, if necessary, delivery and the collection of control fees.
demand for preconditions for granting the
licence, limitations to the licence or further 4.13 Changes to the location of the
reports on establishing terms for supervi- premises or ownership
sion and maintenance of order (AlkoA 21 §
subsection 2). The licence is specific to the trader and li-
censed premises. A trader who has a licence
4.10 Withdrawing an application for one place cannot start dispensing in new
premises before s/he has been granted a
If an application which has been handed to licence for them. If a trader with a licence
the State Provincial office is withdrawn be- hands over the premises to someone else
fore it has been fully processed, the handling who continues the business there, the new
fee is half of the entire fee the applicant trader cannot dispense alcoholic beverages
would have paid. in the licensed premises in question before
s/he has applied for a licence, and the licens-
4.11 Changes to the company’s ing authority has granted it. If the licence
ownership or authority relations holder wishes to transfer the licensed activi-
ties to new premises, s/he has to apply for a
If considerable changes take place in the new licence.
ownership or authority of a licensed compa-
ny or organisation, the changes have to be 4.14 Processing time
reported within two weeks to the licensing
authority (STMp 162/98, 6 § subsection 3). The application has to be completed in good
time because processing it and collecting
4.12 Name changes statements from various authorities takes
time.
Changes to the name of the licence holder The average processing times for ap-
or the business premises must always be plications in the State Provincial office is one
reported to the licensing authority. The month.
licensing authority notes the information in
5. Licence and control fees
The authorities charge a fee from the licence If the person liable to payment finds that a
holder on the decisions they make as well mistake has been made in the payment or-
as charging an annual fee. behind this is the der, s/he can demand a correction from the
government principle related to the Act on authority, who ordered the payment, within
Criteria for Charges Payable to the State, six months of the order. An amendment
according to which the originator of work appeal to the decision on the correction
is liable to pay the incurred expenses. The demand can be sued from the Administra-
fees are distrainable without a court order or tive Court.
decision (Maksuperustel 11 § subsection 2). The Ministry of the Interior has decided
31
Alcohol Issues in Licensed Premises
on the fees for the State Provincial of- reduction can be no greater than the largest
fices services. The Ministry of Social Affairs payment that has been previously charged.
and Health Decree 1395/2006 lays down The reduced fees also apply if the licence
provisions for the National Product Control applicant simultaneously applies for two or
Agency services which are liable to charges. more licences. In such a case, the applicant
is charged for the highest fee unreduced
5.1 Licence fees and the handling fees for the other licences
reduced.
The reduced fee, shown on the table, ap- If an application is withdrawn before it
plies when the licence holder already holds has been fully processed, the handling fee
a licence granted by the National Product is half of the entire fee the applicant would
Control Agency for Welfare and Health or have paid.
the State Provincial office. However, the
The State Provincial Office charges the following fees on decisions:
Unreduced handling fee Reduced handling fee
License to dispense alcohol 525 e 360 e
Temporary license or if the premises hold 360 e 180 e
over 200 customer seats 525 e 360 e
Extended licensing hours 280 e no reduction
Permit to change licensed premises 180 e no reduction
Notification of changes on licensed premises 75 e no reduction
Other licences related to dispensing alcoholic beverages 180 e no reduction
The holder of a permit allowing extended licensing
hours is liable for an annual control fee, specific
to the premises. 125 e no reduction
Other decision on a licence change 75 e no reduction
The National Product Control Agency for Welfare and Health (STTV) charges
the following fees on dispensing-related decisions:
Unreduced Reduced
handling fee handling fee
Licence to sell alcoholic beverages on seafaring vessels in
international traffic 440 e 220 e
Dispensing licence for a restaurant car in a train or bus in
international traffic 440 e
Licence to keep extended licensing hours in international traffic 220 e
Other licence or approval relating to dispensing alcoholic
beverages 110 e
32
Alcohol Issues in Licensed Premises
5.2 Control fees fermentation and whose percentage by vol-
ume is no more than 4.7%, the fee is based
An annual control fee is charged from on- on the previous years calculated or evaluated
going licence holders per specific premises. purchases of alcohol beverages for a year as
For those licensed premises which dis- follows:
pense alcoholic beverages whose percentage
by volume is over 4.7% (A- and b-licence), Alcohol purchases in litres Fee
the fee is defined as 100 percent alcohol of per year
the previous years calculated or evaluated
0 – 1 999 100 e
purchases for a year as follows:
2 000 – 49 999 200 e
50 000 – 99 999 300 e
Alcohol purchases in litres Fee
per year over 100 000 380 e
0–100 100 e
A new licence holder is not liable for the
101–2000 180 e
control fee during the first calendar year.
2001–10 000 360 e The control fees on dispensing are
over 10 000 700 e invoiced per calendar year in advance, latest
by the 30th of April. The licence holder is not
A new licence holder is not liable to the con- charged for the control fee on the year when
trol fee during the first calendar year. his/her activities have ceased latest by 31
For those licensed premises which dis- March.
pense alcoholic beverages produced through
6. Contact details
National Product Control Agency for State Provincial Offices
Welfare and Health (STTV) http://www.laaninhallitus.fi/
Tel: +358-9-3967 270 State Provincial Office of Southern
STTVs Internet pages: www.sttv.fi Finland
Telefax
Alcohol Administration Department Hämeenlinna office
+ 358-9-3967 2799 Po box 150, birger Jaarlinkatu 15
Product Control unit 13101 Hämeenlinna, Finland
+358-9-3967 2798 tel 071 873 0421
Administrative Department fax 071 873 2178
+358-9-3967 2797
Helsinki regional Service unit
Postal Address Visiting Address Po box 110, ratapihantie 9
Po box 210 S Säästöpankinranta 2 A 00521 Helsinki, Finland
00531 HelSINKI 00530 HelSINKI tel 071 873 0421
Finland Finland fax 071 873 2558
33
Alcohol Issues in Licensed Premises
Kouvola regional Service unit State Provincial Office of Eastern
Po box 301, Salpausselänkatu 22 Finland
45101 Kouvola, Finland
tel 071 873 0421 Mikkeli office
fax 071 873 2691 Po box 50, Maaherrankatu 16
50101 Mikkeli, Finland
State Provincial Office of Western tel 071 875 0331
Finland fax 071 875 2402
Turku office Kuopio regional Service unit
Po box 22, Itsenäisyydenaukio 2 Po box 1741, Hallituskatu 12-14
20801 Turku, Finland 70101 Kuopio, Finland
tel 071 874 0531 tel 071 875 0331
fax 071 874 2180 fax 071 875 2443
Pori office Joensuu regional Service unit
Pl 129, Satakunnankatu 5 Po box 94, Torikatu 36
28101 Pori, Finland 80101 Joensuu, Finland
tel 071 874 0531 tel 071 875 0331
fax 071 874 2273 Fax 071 875 2473
Jyväskylä regional Service unit State Provincial Office of Oulu
Po box 41, Cygnaeuksenkatu 1 Po box 293, linnankatu 3
40101 Jyväskylä, Finland 90101 oulu, Finland
tel 071 8740531 tel 071 876 0361
fax 071 874 2842 fax 071 876 2119
Tampere regional Service unit Kajaani Service unit
Po box 346, uimalankatu 1 lönnrotinkatu 2 C
33101 Tampere, Finland 87100 Kajaani, Finland
tel 071 874 0531 tel 071 876 0361
fax 071 874 2500 Fax 071 876 2122
Vaasa regional Service unit State Provincial Office of Lapland
Po box 200, Wolffintie 35 Po box 8002, Valtakatu 2
65101 Vaasa, Finland 96101 rovaniemi, Finland
tel 071 874 0531 tel 071 876 0371
fax 071 874 2703 fax 071 876 2678
Ålands landskapsregering
(Licensing issues)
Po box 60
22101 Mariehamn, Finland
tel +358-18- 250 00
fax +358-18- 191 55
34
Alcohol Issues in Licensed Premises
Länsstyrelsen på Åland
(Retail and advertising issues)
Po box 58
22101 Mariehamn, Finland
tel +358-18-635 298
fax +358-18-237 50
7. Statutes
7.1 Legislation 7.2 The decisions of the Ministry of
Social Affairs and Health
Alcohol Act: Sections 1– 64 (Alkol 1143/94
and 764/02), Sections 81–97 and 104–105 The Decision of the Ministry of Social Affairs
(459/68) and Health on advertising strong alcoholic
beverage and other promotional activities as
Decree on Alcoholic beverages and Spirits well as giving out their product information
(AlkoA 1344/94, 1207/02 and 1140/04) (STMp 841/95)
Accommodation and Catering Act (Maral The Decision of the Ministry of Social Affairs
308/06) and Health on granting licences and on
licensed activities (STMp 162/98)
Food Act (23/06)
7.3 The National Product Control
The Decree of the Ministry of Social Affairs Agency for Welfare and Health guidelines
and Health on the Professional requirements
for the Duty Manager and His/Her Assistants Trade importing alcoholic beverages for
in licensed Premises (1371/02) dispensing (30 December 2005)
government Decree on extended licensing guidelines for advertising alcoholic bever-
Hours (1208/02) ages (2/02/99).
The Decree of the Ministry of Social Affairs
and Health on the National Product Control
Agency for Welfare and Health´s Services
which are liable to Charges (1395/06)
The Ministry of the Interior Decree on the
State Provincial office Payments which are
liable to Charges (1254/07).
35
National Product Control Agency
for Welfare and Health
National Product Control Agency
for Welfare and Health
Säästöpankinranta 2 A
P.O. BOX 210
FI-00531 Helsinki
Tel. +358 9 3967 270
Fax +358 9 3967 2797
e-mail: sttv@sttv.fi
www.sttv.fi