The Supreme Court has declared the provision of hookah services in restaurants illegal
10 January 14:08
The provision of hookah services by restaurant establishments is a promotion of tobacco sales and, accordingly, is illegal in any form. According to the Portal of Modern Law, this is stated in the decision of the Administrative Court of Cassation as part of the Supreme Court, informs
It is noted that due to changes in legislation, hookahs are subject to an absolute ban in restaurant establishments, regardless of their composition, from July 11, 2022. We are talking about Article 13 of the Law of Ukraine “On Measures to Prevent and Reduce the Use of Tobacco Products and Their Harmful Effects on Public Health”, which came into force on July 11, 2022 in a new version and provides for a ban on smoking, consumption and use of tobacco products, items related to their use, herbal smoking products, electronic cigarettes, devices for consuming tobacco products without combustion, hookahs, in particular, in the premises of restaurant establishments.
As LIGA.net explains , the case concerned a lawsuit filed by Endorphin LLC against the State Service of Ukraine on Food Safety and Consumer Protection, which imposed financial sanctions on the establishment for providing hookah services. Although the lower courts initially upheld the claim, the Supreme Court overturned their decisions and ruled that the provision of hookah services is considered to be a promotion of tobacco products and is illegal.
Hookahs may yet return to restaurants
At the beginning of December last year, the draft law No. 12288 aimed at legalizing the use of hookahs in restaurants was registered in the parliament.
As an argument in favor of the decision to legalize hookahs in restaurants, the explanatory note to the draft law states that in the context of martial law and the current economic situation, it is especially important to promote job preservation and ensure the stable operation of businesses, and the resumption of such establishments will not only increase employment, but also increase revenues to the state and local budgets of the country, business development, and accelerate economic recovery.
The authors of the draft law also note that as of 2022, there were 2,888 hookah establishments in Ukraine with an average employment rate of more than 12 employees. At the same time, almost half (43.1%) of hookah bars confirmed that compared to 2021 (before the adoption of legislative bans), the state of their business has deteriorated at least twice, and there are also establishments that have ceased operations and closed.
