The sun and spring are here and people are now flocking to outdoor seating areas with a glass of wine in hand. But for several of the country's restaurants that only have outdoor seating, the law says stop to alcohol sales, according to a ruling from the Administrative Court of Appeal in Gothenburg that came last year and concerned a restaurant in Karlstad, which several media outlets have reported on.
The court has taken a stand on the fact that the law states that a premises with seating is required, which has been interpreted as also requiring indoor seating.
"Does not need to be interpreted that way"
In Stockholm, among other places, this has resulted in certain outdoor seating areas, without indoor seating, being denied permits.
The law does not need to be interpreted that far-reaching, says a critical Stefan Lundin, chief lawyer at the industry organization Visita.
It is difficult to have an idea of how many restaurants are affected, which only offer outdoor seating. But the typical case may involve more seasonal outdoor seating in some form of park environment.
And Stefan Lundin is careful to point out that the ruling does not concern the vast majority of restaurants that have an adjacent outdoor seating area.
The local politicians are blaming the government, which they think should have revised the law since the ruling came a year ago.
What is a premises?
But it is not necessary to wait for a slow-paced legislative change, according to Visita.
The law should not be interpreted as narrowly as the Administrative Court of Appeal has done. It is perfectly possible to grant alcohol permits for establishments that lack indoor premises, according to Visita, which refers to the preparatory work and the old alcohol law, and which takes aim at what is meant by a premises.
"The preparatory work shows that 'serving premises' does not only refer to 'indoor premises'," writes Visita.
