The verdict was handed down last year in the Gothenburg Administrative Court and established that restaurants are not allowed to serve alcohol on outdoor seating areas unless there are also restaurant seats indoors. So far, the verdict has not been tested in the highest instance.
It makes the legal situation a bit unclear, and I have understood that it has raised some question marks around the municipalities regarding this, says Jakob Forssmed.
Therefore, he believes it is important to have a clarification from a higher instance in this matter.
But if such a clarification is delayed, I am not opposed to a legislative change to avoid such an application with unwanted consequences.
Only new permits
A municipality with several serving establishments like these is Stockholm, where Lotta Persson is area manager for permits and supervision.
Now that this Administrative Court verdict exists, we will not be able to grant permits for pure outdoor seating areas, she says and continues:
This applies to applications for new permits. We will not take action against existing permits at present.
Temporary permits
The tourism industry's trade organization Visita has criticized the Administrative Court's decision and believes that the law has been interpreted too narrowly.
Visita believes that the law does not need to be interpreted so extensively, and the organization's chief lawyer Stefan Lundin has told TT that Stockholm City has reached a surprising conclusion.
While waiting for a change in the law or a new legal review, the Minister for Social Affairs believes that municipalities have the opportunity to grant restaurants temporary permits.
What municipalities should do is up to them, I merely state that the possibility exists. Temporary permits can be granted for an entire season.
