Legal gray areas

Which loopholes are used by vending machine stores in Graz

Legal loopholes Vending machine stores: they are springing up like mushrooms, but bring with them a number of dangers. What the constant availability of alcohol means for consumption and where the law on vending machines turns a blind eye.

"Whether alcohol is hard or easy to get hold of makes a difference to consumption," explains Claudia Kahr from the specialist addiction prevention agency Vivid. "Availability is therefore a decisive factor from an addiction prevention perspective." However, reality is working against this: addictive substances such as alcohol and nicotine products are more readily available than ever due to the vending machine boom (as we reported). This not only raises social questions, but legal loopholes also seem unresolved.

This is because serving and selling alcohol from vending machines outside of business premises is prohibited, explains Bernhard Trumler from the Styrian provincial government's economic department. For this reason alone, every vending machine store must be registered as a business - exceptions are 24-hour farm stores that only offer the farmer's own products. Another problem: alcohol may not be served to obviously drunk people. In contrast to the age rating, it is difficult for a vending machine to check this. "Even landlords don't always adhere to this, but at least that's the idea," says Kahr.

But who is actually responsible for approving such machines? Vending machines outside of business premises require a "notification to the competent district administrative authority - this must contain precise data on the number of machines to be installed, the location of the installation and the goods to be sold," explains Trumler. Entire "bistro boxes", i.e. business premises that sell exclusively via vending machines, must be registered as a separate business establishment.

Gap between law and reality
However, there is often a lack of legal enforcement in this area - although addictive substances are sometimes sold, there are loopholes. Barbara Maria Mannsberger, Chairwoman of the Styrian tobacconists, says: "Our cigarette vending machines are strictly regulated and are constantly checked." However, there is a lack of controls for other vending machines. Cigarette vending machines, on the other hand, are subject to a special regulation: because it is a monopoly product, nationwide supply must be guaranteed.

Our cigarette vending machines are strictly regulated and are constantly checked. In other sectors, however, there is a lack of controls.

Barbara Maria Mannsberger, Obfrau der steirischen Trafikanten

Like free-standing vending machines, cigarette vending machines are allowed to be open all day. But vending machine stores are different - here too there seems to be a loophole in the law. They are actually subject to the rights and obligations of the food retail sector and should therefore have regulated opening hours. 24 hours, seven days a week does not comply with these legal regulations.

And this constant availability has consequences: "The 24-hour offer makes the substance even more visible," explains Kahr. "In a way, this is also advertising for alcohol. It is crucial that availability is kept as low as possible," the expert sums up.