The Ombudsman for Small and Medium-Sized Enterprises, Agnieszka Majewska, has submitted official positions to the Speaker of the Sejm regarding parliamentary bills proposing amendments to the Act on Upbringing in Sobriety and Counteracting Alcoholism (Sejm prints no. 2007 and 2010). She emphasized that she recognizes the seriousness of arguments pointing to the negative social, economic, and health consequences of alcohol abuse, which also affect entrepreneurs in their role as employers. At the same time, Minister Majewska highlighted numerous risks for SMEs stemming from vague definitions introduced in the proposals, as well as from the practical consequences of the planned regulations, which include, among others, a total ban on beer advertising, new rules for distance sales, and restrictions affecting fuel stations.
Majewska also pointed out that the proposed provisions could impose excessive burdens on smaller businesses, particularly those operating locally and traditionally. This includes craft breweries, wineries, regional producers of small-scale alcoholic beverages, and entrepreneurs running retail outlets.
The SME Ombudsman stresses that:
- imprecise definitions of advertising and promotion may create legal uncertainty and expose businesses to penalties even for activities that are not promotional in nature, such as product display or describing an offer in an online store;
- a total ban on advertising alcoholic beverages—including beer and non-alcoholic beer—would particularly harm small, local breweries, for which the ability to inform customers about their products is a key competitive factor against larger companies;
- traditional production of beer and wine plays an important cultural and tourism role in many regions of Poland, and the proposed restrictions could undermine the promotion of regional products and negatively impact local businesses in advertising, hospitality, leisure, and event industries, as well as related sectors;
- extending a ban on alcohol sales to fuel stations may be disproportionate and unjustified, disproportionately affecting SMEs—especially in smaller towns, where fuel stations are often the only 24-hour retail outlets providing essential goods alongside alcoholic beverages;
- restrictions on distance sales of alcohol would primarily affect the smallest businesses, which rely on this channel to reach customers nationwide, while new technical and logistical requirements could effectively exclude them from the market.
The SME Ombudsman calls for clearer legal definitions, consideration of more moderate solutions, and the introduction of exemptions for the smallest businesses in order to prevent their marginalization and loss of competitiveness. In her positions on both legislative proposals, she also urged lawmakers to re-examine the draft regulations and abandon those changes that would disproportionately and unfairly impact SMEs.
Minister Agnieszka Majewska emphasized: “The social and economic consequences of alcohol abuse also affect entrepreneurs as employers. However, it is equally important that planned changes are rational, proportionate, and appropriate. In particular, it is essential to maintain a balance between achieving the state’s public health objectives and protecting stable conditions for doing business in Poland, as well as the legitimate interests of SMEs.”
