The obligation to notify authorities of the operating hours for hospitality establishments has long been an administrative burden for both hospitality providers and municipalities. Proposed legislative amendments aim to introduce major simplifications – under certain conditions, hospitality providers would be allowed to operate without formally notifying their regular operating hours, allowing for greater flexibility and reducing red tape.
The draft of the new Hospitality Industry Bill (“ZGos-1”) has sparked considerable debate in recent weeks over proposed changes concerning short-term apartment rentals and even the provision of free tap water (we addressed the announced restrictions on short-term rentals in a previous article: Renting Out Short-Term Accommodation? Major Restrictions Ahead!). A less publicised but equally important development is the simplification of the procedure for notifying the operating hours of food service establishments, which has long been a purely administrative burden for both hospitality providers and municipalities.
According to the draft of the ZGos-1, food service establishments include restaurants, inns, snack bars, cafés, pastry shops, bars, and facilities for preparing and delivering meals. If the new ZGos-1 is adopted in its proposed form, municipalities will be required to define the regular operating hours for such establishments through a municipal byelaw. In doing so, they may take into account the specific characteristics of individual areas, along with their economic and developmental interests. When setting time limits for operating hours, municipalities will have to remain within the statutory time range of 6:00 a.m. to 2:00 a.m. the following day.
An exception applies to areas where the nearest residential units are located less than 100 meters from a hospitality establishment, including those situated within residential buildings. In such cases, municipalities will be permitted to set regular operating hours only between 6:00 a.m. and 10:00 p.m., with the possibility of extending them until 2:00 a.m. the following day, provided the extension is justified by developmental, tourism-related, or other legally prescribed grounds.
The amendment does not apply to hotel restaurants, meal preparation and delivery facilities, or hospitality establishments operating within casinos and gaming halls, whose regular operating hours will remain unrestricted.
Following the adoption of the new sectoral law, hospitality providers whose regular operating hours meet the conditions outlined above will no longer be required to notify the authorities of their operating hours. They will only be required to display the operating hours in a clearly visible location at the entrance to the premises, or, if there is no entrance, in another prominent location.
The proposed amendment does not impose an absolute prohibition on operating hospitality establishments outside regular operating hours. Instead, hospitality providers wishing to operate beyond the specified time limits will be required to obtain written approval from the municipality.
Additionally, hospitality establishments will be allowed to operate beyond the municipal time limits on the eve of public holidays and on public holidays that are designated as non-working days — excluding Day of Remembrance for the Departed — as well as on Carnival Saturday, Carnival Tuesday, and St. Martin’s Day.
As noted earlier, the proposed bill has not yet been adopted, and questions remain regarding its final content and practical implementation. Even if the bill is passed, delays in enforcement are likely, as municipalities will first need to adopt the aforementioned byelaws on regular operating hours. We will continue to monitor developments closely and remain at your disposal to assist you with any questions you may have.
