Constitutional Court ruling on 'nighttime alcohol sales': 'The intervention is proportionate...'

The Constitutional Court (AYM) has rejected an application filed by a business that was issued an administrative fine for failing to comply with restrictions on the sale of alcoholic beverages during nighttime hours.

The ruling stated that prohibiting the sale of alcoholic beverages during certain hours is intended to prevent alcoholism and that the penalty imposed on those who do not comply with these restrictions serves a legitimate purpose. Furthermore, it was emphasized that the applicant caused the intervention through their own gross negligence and that the penalty applied was proportionate.

In the reasoned decision of the AYM, it was expressed that the prohibition of alcohol sales during certain hours is intended to prevent alcoholism and that the penalty imposed on businesses that do not comply with these restrictions is legitimate for a constitutional purpose. The decision emphasized that the applicant had a gross fault regarding the act deemed to be an offense, and therefore the penalty applied was proportionate and legitimate.

With this decision, the AYM has once again confirmed that the prohibition of alcohol sales during certain hours and the penalties applied to businesses that do not comply with these restrictions serve an appropriate and legitimate purpose within the framework of the constitution.