Sale of alcohol to drink on site at night
Verified 31 October 2023 - Legal and Administrative Information Directorate (Prime Minister)
Additional cases ?
You're looking at selling alcohol at night, which is between 10 p.m. and 8 a.m ? The authorization differs according to the type of establishment: bar, restaurant or disco.
Bar, restaurant, cafe
Beverage licenses
There are 3 different types of beverages corresponding to 3 licenses:
- Non-alcoholic beverages: over-the-counter. There's no no need for license (formerly License I or Small License).
- Beverages with alcohol content less than 18° : wine, beer, cider, perry, port, currant cream, etc.: License III (license 3)
- Beverages with alcohol content greater than 18° : distilled alcohols such as liqueur, rum, gin, pastis, vodka, whisky, etc.: License IV (license 4)
Type of beverage | Beverage delivery for consumption on site | Beverage delivery take away | Restaurant |
|---|---|---|---|
Group 1: soft drinks | Over-the-counter | Over-the-counter | Over-the-counter |
Group 3: non-distilled fermented beverages (wine, beer, cider, perry, mead) and natural sweet wines, blackcurrant cream, fruit or vegetable juices containing up to 3° of alcohol, liqueur wine, wine-based aperitif, port wine, strawberry liqueurs, raspberries, blackcurrants or cherries containing less than 18° of alcohol | License III, known as restricted license | Small take-away license | Small restaurant license |
Groups 4 and 5: rums, tafias, distilled alcohols and all other alcoholic beverages containing more than 18° of alcohol (gin, vodka, whisky, etc.) | License IV, known as large license or full-service license | Take-away license | Restaurant license |
Please note
As category 2 of beverages no longer exists, the old licenses II which are in force become licenses III.
The merchants traveling (food truck, food trucks, pizza trucks, etc.) can only sell drinks with a rate less than 18° of alcohol (wine, beer, cider, port, perry, etc. and soft drinks). They are prohibited from selling strong alcohols (whisky, vodka, rum, pastis, etc.). Only the small take-away license concerns them.
Restaurant licenses
On the spot
When alcoholic beverages accompany meals, the restaurant owner must be in possession of a restaurant license (for all alcohols) or small restaurant license (for wines, cider and beer only).
If the sale of alcohol also takes place outside meals (bar-restaurant), he must hold a III or IV license. The restaurant license or the small restaurant license are then not necessary.
FYI
The cottages and bed and breakfasts that wish to offer a restaurant in the evening with alcohol must have one of these 2 licenses: restaurant license or small restaurant license. This does not apply to those who only serve breakfast.
Take-away
The establishment has a restaurant license or a license III or IV, may sell to take away the beverages authorized by its license.
If the establishment sells only take-out beverages (groceries, online sales), it must own:
- or of the small take-away license, cider, wine and beer,
- or of the take-away license, for alcohols of more than 18°.
Street food vendors such as food trucks shall not be entitled to sell alcohol of more than 18°.
Warning
For the take-away sale of alcohol between 10 p.m. and 8 a.m., you must hold an operating license.
On the purchase order or invoice for a distance sale of alcohol, the seller must write the mention "product subject to excise duty" (in addition to the description of the products, its contact details and those of the buyer).
You can sell alcohol between 10pm and 8am provided that you have followed a training specific.
If you complete the training, you will receive a operating permit, or license to sell alcoholic beverages at night: this is the PVBAN: titleContent.
The license is valid for 10 years.
He is renewable by completing a new 6-hour training.
It takes place in a approved training.
It lasts about 20 hours (2.5 days).
It should be done in in person.
The training covers the prevention and control of alcoholism, the protection of minors, the repression of public drunkenness and the fight against noise.
She also trains in drug law and civil and criminal sanctions.
At the end of the training, the organization will provide you with the completed operating permit form.
You should make breath tests available free of customers in a visible.
How many breathalyzer tests per institution?
Regardless of the size of your institution, you must at least 50 breathalyzers available to your customers.
They must be available at the time of each opening.
The minimum number required varies according to the capacity of the establishment.
Device Type | Minimum number |
|---|---|
Chemical electrolysis test | 1 breathalyzer for 1/4 of capacity |
Electron electrolysis test making it possible to produce a limited number of murmurs |
|
Electronic breath testing without limitation of murmur number (with annual calibration) | 1 breath test per 300 people |
Reminder
BAC is illegal and prohibits driving if it is not less than 0,5 g/l blood (and greater than or equal to 0,2 g/l for young drivers in probationary permit for 2 or 3 years after the permit).
The breath test gives the level of alcohol in the exhaled air (in mg of alcohol per liter of air).
Example :
0.10 mg/l alcohol in exhaled air corresponds to 0,2 g/l of alcohol in the blood and 0.25 mg/l alcohol in air exhaled corresponds to 0.5 g/l in the blood.
How to use a breath test?
The disposable tips must be in individual packages and sealed (hermetically sealed and guaranteeing a single use).
Warning
It is recommended to check the effective date of your breathalyzer tests, usually 2 years maximum, and to have more than the minimum number required.
How can customers be informed of the presence of alcohol tests?
You must report the presence of alcohol tests by a information display.
Poster must be placed near the exit of the establishment, in the immediate vicinity of the breathalyzer tests.
Display must be in format minimum of 21 × 29,7 cm (A4), and can be expanded proportionately.
You need to put a instructions for use near the breathalyzer.
It must comply with the following characteristics:
- Paper carrier in a minimum size of 21 × 29,7 cm (A4), without limit of magnification
- Character letters Helvetica (normal or greasy) black on yellow background
The notice must include the following information :
- Single use of the tip
- Maximum display thresholds (0.10 mg/l and 0.25 mg/l in expired air) triggering a traffic ticket
- Maximum duration of use between two settings and/or the maximum number of murmurs allowed
- Results of measurements considered as unreliable, obtained with an expired alcohol test
- Wait time of at least 20 minutes after drinking and before blowing in the breathalyzer test for the test to be reliable
- The user may not challenge the police result of a test by presenting the result obtained with a breathalyzer test previously in the establishment
- Prohibition on driving if the test result is greater than 0.10 mg/l for new drivers (probationary or learning license) or greater than 0.25 mg/l for other drivers
Please note
You can use the information media templates available for download on the road safety website.
Disco
You must have a IV license to be authorized to sell alcohol (all types of alcohol).
The authorization may be withdrawn if the disco causes disturbances to public order.
You can sell alcohol between 10pm and 8am provided that you have followed a training specific.
If you complete the training, you will receive a operating permit, or license to sell alcoholic beverages at night: this is the PVBAN: titleContent.
The license is valid for 10 years.
He is renewable by completing a new 6-hour training.
It takes place in a approved training.
It lasts about 20 hours (2.5 days).
It should be done in in person.
The training covers the prevention and control of alcoholism, the protection of minors, the repression of public drunkenness and the fight against noise.
She also trains in drug law and civil and criminal sanctions.
At the end of the training, the organization will provide you with the completed operating permit form.
You need to stop serving alcohol to customers 1h30 before the closure from the nightclub.
Example :
If the disco closes at 5 a.m., the sale of alcohol is forbidden from 3:30 a.m.
Reminder
The closing time of a discotheque is set at 7 hours in the morning.
You should make breath tests available free of customers in a visible.
How many breathalyzer tests per institution?
Regardless of the size of your institution, you must at least 50 breathalyzers available to your customers.
They must be available at the time of each opening.
The minimum number required varies according to the capacity of the establishment.
Device Type | Minimum number |
|---|---|
Chemical electrolysis test | 1 breathalyzer for 1/4 of capacity |
Electron electrolysis test making it possible to produce a limited number of murmurs |
|
Electronic breath testing without limitation of murmur number (with annual calibration) | 1 breath test per 300 people |
Reminder
BAC is illegal and prohibits driving if it is not less than 0,5 g/l blood (and greater than or equal to 0,2 g/l for young drivers in probationary permit for 2 or 3 years after the permit).
The breath test gives the level of alcohol in the exhaled air (in mg of alcohol per liter of air).
Example :
0.10 mg/l alcohol in exhaled air corresponds to 0,2 g/l of alcohol in the blood and 0.25 mg/l alcohol in air exhaled corresponds to 0.5 g/l in the blood.
How to use a breath test?
The disposable tips must be in individual packages and sealed (hermetically sealed and guaranteeing a single use).
Warning
It is recommended to check the effective date of your breathalyzer tests, usually 2 years maximum, and to have more than the minimum number required.
How can customers be informed of the presence of alcohol tests?
You must report the presence of alcohol tests by a information display.
Poster must be placed near the exit of the establishment, in the immediate vicinity of the breathalyzer tests.
Display must be in format minimum of 21 × 29,7 cm (A4), and can be expanded proportionately.
You need to put a instructions for use near the breathalyzer.
It must comply with the following characteristics:
- Paper carrier in a minimum size of 21 × 29,7 cm (A4), without limit of magnification
- Character letters Helvetica (normal or greasy) black on yellow background
The notice must include the following information :
- Single use of the tip
- Maximum display thresholds (0.10 mg/l and 0.25 mg/l in expired air) triggering a traffic ticket
- Maximum duration of use between two settings and/or the maximum number of murmurs allowed
- Results of measurements considered as unreliable, obtained with an expired alcohol test
- Wait time of at least 20 minutes after drinking and before blowing in the breathalyzer test for the test to be reliable
- The user may not challenge the police result of a test by presenting the result obtained with a breathalyzer test previously in the establishment
- Prohibition on driving if the test result is greater than 0.10 mg/l for new drivers (probationary or learning license) or greater than 0.25 mg/l for other drivers
Please note
You can use the information media templates available for download on the road safety website.
Trade in beverages
Repression of public drunkenness
Sale of breathalyzer tests in take-out alcohol shops
Ministry of the Interior
Directorate of Road Traffic Safety (DSCR)
