Establishment

For the purposes of licensed trade, carrying on a trade at one or more establishments is regulated in Section 17 of the Trade Licensing Act.

Definition of an establishment

For the purposes of the Trade Licensing Act, an establishment means the premises where a trade is carried on. A vending machine or similar device used to sell goods or provide services (hereinafter a “vending machine”) and a mobile establishment are also deemed to be an establishment.

Mobile establishment

A mobile establishment is an establishment that may be relocated and is not located in one place for more than three months.

Obligations of the entrepreneur in relation to an establishment

1. The entrepreneur must notify the commencement and termination of a trade in an establishment in advance – this obligation does not apply to establishments that are listed in the notification of a trade or application for a concession and to vending machines and mobile establishments.
2. At the trade licensing office’s request, the entrepreneur must prove their legal title to use an establishment – this obligation does not apply to vending machines and mobile establishments.
3. In respect of mobile establishments, at the trade licensing office’s request the entrepreneur must prove the legitimacy of the establishment’s location.
4. Where an establishment is located in a dwelling and the entrepreneur is not the owner of that dwelling, they may carry on a trade there only with the owner’s permission..
5. The entrepreneur must ensure that the establishment is suitable for carrying on a trade in accordance with specific legislation.
6. It is possible to sell goods or provide services via consumer-operated vending machines only if the sale of goods or provision of services does not require a concession.
7. For each establishment, the entrepreneur must appoint a person to be responsible for the operation of the establishment – this obligation does not apply to vending machines.
8. The entrepreneur must permanently and visibly mark the establishment on the exterior.
9. The entrepreneur must inform the trade licensing office, no later than the date on which it terminates activities in an establishment, of the address at which any liabilities can be settled.

Required particulars of the marking of an establishment

An establishment must be permanently and visibly marked on the exterior with:

• the company name, business name or given name and surname of the entrepreneur;
• the identification number of the entrepreneur;
• A mobile establishment or vending machine must also be marked with information about the registered office or address where the branch plant of a foreign person is located.

If the establishment is intended for the sale of goods or provision of services to consumers, it must also be permanently and visibly marked on the exterior with:

• the given name and surname of the person responsible for the operation of the establishment – this obligation does not apply to vending machines;
• the opening or operating hours for contact with consumers – this obligation does not apply to vending machines and mobile establishments;
• the category and class of an accommodation facility providing temporary accommodation;
• when an establishment is closed, the entrepreneur – unless prevented by compelling reasons – must visibly mark the commencement and termination of the closure in advance – this obligation does not apply to vending machines and mobile establishments.