The regulation of the operating licence regulates the administration and activity of drinking establishments. It covers several key points of the activity, such as safety rules, hygiene or the sale of alcohol. The measures provided for in the regulations in force are intended to protect, maintain and guarantee public health and the protection of minors. Indeed, drinking establishments can become disruptive elements for public health and the protection of minors through their activities. However, if the application becomes problematic, it can lead to worrying health consequences, whether physical, psychological or social (see Risks). „In the absence of a legal prohibition, it must be taken into account that a minor can actually legally sell tobacco as a companion. ” — Me Jean-Philippe Maurice It is easy to predict that in such a case there would always be a significant employee in the workplace just to sell tobacco, which would undoubtedly be a problem for owners and managers. For this second legal column of the month, courtesy of DEVEAU Avocats, Me Jean-Philippe Maurice answers a question from Julie Fortin, owner of Tabagie Baie-Comeau in the city of the same name, who wonders if it is legal to allow a minor to work at the cash register, sell tobacco, and even charter clients to ensure that they are of legal age. In addition, voices are being raised to challenge this legal minimum of 21 years.
According to a 2010 drug study, 26.3 percent of Americans between the ages of 12 and 20 say they drank alcohol in a month. Seventeen percent of youth in the age group say they are „heavy drinkers” and 5.1% consider themselves excessive drinkers (at least five drinks during the same event). „The problem today is unlimited alcohol consumption, motivated by performance goals, in secret places where law enforcement has become difficult,” John McCardell, former president of Middlebury University, wrote in an editorial on CNN. He is the founder of an association, Choose Responsibility, which advocates for a change of legal age. „Alcohol consumption among young adults no longer takes place in public places or in the presence of another adult who could teach them responsible behavior.” On this basis of dialogue, the definition of a common framework can then be envisaged. Associations can accompany you in this process and there are tools to help you. On the one hand, the law imposes heavy penalties on farmers who sell tobacco to minors and, on the other hand, it implicitly allows these minors to sell tobacco as part of their visit to the supermarket. You can also contact a professional association yourself to get help, to help you overcome your fears or to answer your questions: In Brussels and Walloon Brabant: Infor drugs In Liège: Alfa Or Nadja Centre In Hainaut: Citadel Although the law does not give a definition of what constitutes a „companion”, it must be agreed that it would normally be the minor or the adult, the sale of tobacco in an intermediary. Finally, the holder of a spirits licence may not sell alcoholic beverages to minors or allow a minor to consume them in his establishment.
Nor can he sell or use them to an adult if he knows that he is buying them or having them used for a minor. A person who has a car accident or drowns as a result of excessive alcohol consumption may not have an alcohol addiction, but that doesn`t mean they`re safe from risk. However, current legislation prohibits anyone, including parents, from serving, selling or offering an alcoholic beverage to minors under the age of 16 and a spirit drink to minors under the age of 18 (see legislation). If you meet him while he is still drunk, let him sleep and recover. There is no point in starting a dialogue or blaming him in conditions where he cannot hear you. The next day, if he has not come to you, approach him by trying to have an open and non-judgmental dialogue, trying to understand with him why he accepts this kind of consumption (see „How to talk about it?”). However, do not hesitate to contact us for more questions or further information. A spirits licensee may work with one or more licensees of a spirits manufacturer to jointly promote its products.
Currently, there is no law that publicly regulates the advertising of alcoholic beverages, only a private agreement, the ineffectiveness of which we denounce, as well as a code of ethics for the protection of minors. However, the term „alcoholic” defines an already advanced stage and it takes several years for the symptoms to set in. Therefore, we prefer the expression „problem with the drink”, which is not limited to tremen tremors or delirium, but nevertheless testifies to a considerable difficulty with alcohol (Jacques, J.-P., Jeunes et alcool, génération jouissance, De Boeck, 2014).