Licensee Responsibilities

• Accurate and Sufficient Information: Licensees must have accurate and sufficient information about their operations, legal obligations, and associated risks (AlkoL 56 §). They must create a written plan (self-monitoring plan) to ensure compliance with the law, follow it, and keep records of its implementation. The plan must be kept up to date.

• Self-Monitoring Plan: The plan should outline risks related to the harmful effects described in section 1, how legal compliance is monitored, how critical situations are managed, and how identified deficiencies are corrected. The plan can be combined with self-monitoring plans required under the Food Act and Tobacco Act (AlkoL 56 §).

• Plan Updates and Records: Licensees must provide a plan for addressing critical situations, handling authorities'' observations, and annually reviewing and updating the self-monitoring plan. If changes are made to the plan, the date of the change must be recorded. However, detailed records of specific changes are not required.

• Availability of Plan and Licence: The self-monitoring plan and the alcohol licence must be accessible to the personnel implementing the plan and to supervisory authorities.

• Monitoring Compliance: The plan must describe how the licensee and the person responsible for its implementation monitor compliance with the self-monitoring plan and the instructions given to the staff.

• Guidance and Forms: Valvira and Regional State Administrative Agencies have created a form to help licensees meet the requirements of the self-monitoring plan through careful completion and updates.

• Compliance Deadline: For establishments with licences issued before the new Alcohol Act, the self-monitoring plan must have been completed by December 31, 2018.

Supervision by Authorities

• Regional Supervision: Regional State Administrative Agencies supervise the retail sale and serving of alcoholic beverages and the marketing of alcoholic beverages in their regions (AlkoL 60 §). Valvira has nationwide supervision authority (AlkoL 60 §). Inspections are planned and often carried out with the police and other authorities, especially to combat gray economy and financial crime in the restaurant industry. Valvira''s tasks include guiding the alcohol licensing administration of Regional State Administrative Agencies, providing information and communication services, and supervising the retail sale, serving, marketing, and promotion of alcoholic beverages nationwide. The aim of Valvira''s guidance is to ensure uniform application of the law across the country.

• Inspection Rights: Valvira and Regional State Administrative Agencies have the right to inspect premises, operations, and necessary documents, and to receive necessary reports, information, and documents for supervision. They also have the right to take and receive samples needed for supervision without compensation (AlkoL 62 §).

Inspection Process

• Minimizing Disruption: Inspectors aim to minimize disruption to customers and normal restaurant operations. They identify themselves to the licensee''s representative by showing their ID card. The representative and staff must cooperate with the inspector. It is not advisable to inform customers of the inspector''s presence as it may cause unnecessary concern.

• Discussion of Issues: Inspectors discuss any violations or problems identified during the inspection with the licensee''s representative. An inspection report is made, and a copy is given to the licensee or their representative, or it is sent electronically. If violations or problems are found, the report may include a request for an explanation from the licensee.

Police Involvement

• When Police Can Act: If the staff cannot maintain order, if building, safety, or serving regulations are significantly violated, or if public order and safety require it, the police can prohibit retail sales or serving of alcohol for the remainder of the current sales or serving period. The licensing authority must be notified of the prohibition (AlkoL 67 §).

• Electronic Reporting: The police have an electronic reporting system to immediately inform the Regional State Administrative Agency of violations or problems observed during inspections for possible further action under the Alcohol Act. The police can issue a fine to a staff member, such as a server, for violations of serving regulations.

Sanctions and Administrative Measures

The alcohol licensing authorities have a range of tools to ensure compliance with the Alcohol Act:

• Written Warning: The licensing authority may issue a written warning to a licensee who has violated the Alcohol Act or licence conditions. This is typically used for minor or first-time violations.

• Licence Conditions: The authority may impose additional conditions on a licence, such as restricting serving hours, requiring additional staff, or limiting the licensed area.

• Suspension of Licence: If violations are serious or repeated, the licensing authority may suspend the licence for a fixed period. During the suspension, alcohol may not be served.

• Revocation of Licence: In the most serious cases, the licence may be revoked entirely. This is used when the licensee has repeatedly or seriously violated the Alcohol Act, or when the licensee is no longer considered a suitable and reliable operator.

• Fines: Individual staff members can be fined for violations of serving regulations, such as serving alcohol to a visibly intoxicated person or to a minor.

• Criminal Sanctions: Serious violations of the Alcohol Act — such as serving alcohol without a licence or selling illegally obtained alcohol — can result in criminal charges under the Criminal Code of Finland.