RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 9, 2021 No. 319

About approval of operating mode after 23:00 and till 7:00 shopping facilities, objects of public catering in which after 23:00 and till 7:00 retail trade is performed by alcoholic, low alcohol beverages and (or) beer

Based on Item 2 of article 17 of the Law of the Republic of Belarus of January 8, 2014 "About state regulation of trade and public catering" the Council of Ministers of the Republic of Belarus DECIDES: No. 128-Z

1. Approve Regulations on procedure and conditions of approval of operating mode after 23:00 and till 7:00 shopping facilities, objects of public catering in which after 23:00 and till 7:00 retail trade is performed by alcoholic, low alcohol beverages and (or) beer (are applied).

2. This resolution becomes effective since July 8, 2021.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 9, 2021 No. 319

Regulations on procedure and conditions of approval of operating mode after 23:00 and till 7:00 shopping facilities, objects of public catering in which after 23:00 and till 7:00 retail trade is performed by alcoholic, low alcohol beverages and (or) beer

1. This Provision determines procedure and conditions of approval of operating mode after 23:00 and till 7:00 shopping facilities, objects of public catering in which after 23:00 and till 7:00 retail trade is performed by alcoholic, low alcohol beverages and (or) beer (further, unless otherwise specified, – objects).

2. Approval of operating mode of objects is performed by district, city executive committees (except Minsk), local administrations of areas in Minsk, administration of the industrial park "Great Stone" (further, unless otherwise specified, – authorized bodies) in the location of objects.

3. For review operating mode after 23:00 and till 7:00 object the subject of trade, the subject of public catering (further – the applicant) represent to the relevant authorized body in writing during personal acceptance or by means of mail service the statement for approval of operating mode after 23:00 and till 7:00 object (further – the statement) in form according to appendix 1.

4. The authorized body no later than two working days from the date of receipt directs applications to the relevant territorial authority of internal affairs the order about evaluating compliance of object to the criteria of public safety established in part two of Item 5 of this provision to which the copy of the application is attached.

5. The territorial authority of internal affairs within three working days from the date of receipt of the documents specified in item 4 of this provision carries out assessment of conformity of object to the criteria of public safety established in part two of this Item by results of which constitutes the conclusion about compliance or discrepancy of object to criteria of public safety and sends it to the relevant authorized body.

Criterion of public safety is availability in (on) object:

manual system of the disturbing alarm system, control of which during work after 23:00 and till 7:00 object * is performed by division of Department of protection of the Ministry of Internal Affairs;

means of system of video surveillance behind condition of public safety ** or local system of video surveillance ***.

______________________________

* Except for portable means of peddling trade.

** For the objects which are subject to the obligatory equipment means of system of video surveillance behind condition of public safety according to the Presidential decree of the Republic of Belarus of November 28, 2013 No. 527 "About questions of creation and use of system of video surveillance for the benefit of ensuring public order".

*** Except for portable means of peddling trade, portable shopping facilities and portable objects of public catering.

6. The authorized body considers the application and the conclusion provided by territorial authority of internal affairs and within 15 working days from the date of receipt of the statement approves operating mode after 23:00 and till 7:00 object or refuses its approval. In the executive decision about refusal in approval of operating mode after 23:00 and till 7:00 object, accepted on the basis provided in the paragraph the second Item 7 of this provision shall contain including information on criteria of public safety to which there does not correspond object.

7. The authorized body refuses approval of operating mode after 23:00 and till 7:00 object in the cases determined in article 25 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures" and also in cases:

receipts from territorial authority of internal affairs of the conclusion about discrepancy of object to criteria of public safety;

requests for approval of operating mode after 23:00 and till 7:00 object before the expiration of one year from the date of decision making about recognition voided approvals of operating mode after 23:00 and till 7:00 such object on the basis provided in paragraph three of part one of Item 8 of this provision.

8. According to the decision of authorized body approval of operating mode after 23:00 and till 7:00 object terminates by recognition its voided in cases:

receipts from territorial authority of internal affairs of the conclusion about discrepancy of object to criteria of public safety;

systematic (rub also more time within calendar year) receipts in authorized body of collective addresses of the citizens living in the territory, adjacent to object, in radius of 50 meters with reasonable complaints about functioning after 23:00 and till 7:00 such object, the entailed infringement of the rights, freedoms and legitimate interests of citizens by results of which consideration the facts of making by the applicant or his official of the same violation of the law when implementing activities in object are documentary confirmed.

The decision on cancellation of approval of operating mode after 23:00 and till 7:00 object is accepted by authorized body from the date of receipt from territorial authority of internal affairs of the conclusion about discrepancy of object to criteria of public safety or collective addresses in quantity, certain in paragraph three of part one of this Item in a month.

Date of cancellation of approval of operating mode after 23:00 and till 7:00 object is the date specified in the decision of authorized body which cannot be established before 30 working days from the date of adoption of such decision.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info