Rassemblement national challenges convenience stores. Submitted to the presidency of the National Assembly in mid-October, a bill signed by some sixty elected representatives of the “flamme” party aims to fight against “tapages” and others “disturbance of the peace linked to the opening of these well-known French shops at night. Elected representatives thus intend to “strengthen the mayor’s powers “ and this, “in order to fight more effectively against the nuisances caused by these late-night grocery stores”.. Much to the chagrin of professionals.

Very clear, the proposed law – whose authors did not go back to Le Figaro – plans to “submit” the sale of alcohol between 9 p.m. and 8 a.m. in late-night grocery stores subject to “prior authorization by the mayor, after consultation with the deliberative assembly and the municipal liquor commission, where such exists”.. The RN deputies also wish to “that the risk of nuisance caused by the sale of alcohol at night “constitutes a real cause for refusal to issue this authorization”.. In addition, they intend to “reduce from 10 years to 5 years the issuance of a business permit allowing the sale of alcohol for businesses other than on-premises drinking establishments”..

Elected representatives would like mayors to be able to “order the closure of pubs and restaurants in the event of a breach of public order, health, tranquillity or public morality”.or to “set a time slot during which the takeaway sale of alcoholic beverages is prohibited in the municipality”.. But beware, says the RN, this proposed law “is not intended to restrict the freedom of trade and industry”.nor “to sanction all retailers who are committed to respecting the rules of public order”. According to the authors, it aims to “ensure the proper exercise of downtown commerce while guaranteeing respect for good order, safety, security and public health, which could be threatened by the opening of certain grocery stores at night”..

A puzzle of numbers

Today, as a reminder, the rules differ according to the type of establishment: grocery store, restaurant, bar, food-truck, service station, discotheque… Grocery stores (less than 120 m2) through to supermarkets (between 400 and 2500 m2) can “sell alcohol between 10pm and 8am, provided they have undergone specific training”.whereas, for example, it is strictly forbidden to “to sell alcoholic drinks to take away between 6pm and 8am”. at service stations. In some communes, by-laws may be issued by the Préfecture de Police, as in certain Parisian districts where grocery stores and supermarkets are prohibited from selling alcoholic beverages from 5pm until 8.30am. However, wine merchants are exempt from the ban. A measure taken to avoid “disturbances and nuisances”. caused by alcohol, says the Prefecture of Police.

In other French towns, even much smaller ones, mayors have issued by-laws after noting the serious nuisance caused by these businesses. In Annemasse, Haute-Savoie, mayor Christian Dupessey has simply decided to close all nighttime grocery stores between 10pm and 6am, all year round. In Béziers, Hérault, RN mayor Robert Ménard also decided to close grocery stores at night, from 8pm. Elsewhere, some mayors have opted to be less radical, simply banning the sale of alcohol at night in these establishments, which can still remain open. Decisions that could only be taken after the fact.

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“We are very dubious”

This text does not meet with the approval of industry representatives. “We are very dubious about the effectiveness of such a law”.says Virginie Grimault, general delegate of the Fédération de l’épicerie et du commerce de proximité (FECP). “full of good intentions, but often miss their target”.. While she agrees with the idea of extending the scope to local shops “the right to prohibit service to an intoxicated person”.she remains “fiercely opposed to breaking the principle of equality”.. “The law must target grocery stores and mini-markets, but also wine shops (…) which are sometimes places where alcohol is destocked.”says the specialist. The general delegate also suggests changing the time The 9pm limit would also be too early: “10pm is bettershe argues.

In addition, the FECP general delegate points to a problem of “constitutionality”. The authors of this text “target a certain number of city-center stores that sell only alcohol, aperitifs and other snacks, and which can be a source of disturbance to the public peace, but it’s impossible for the law to apply only to these establishments, at the risk of it being unconstitutional”. Result: this type of regulation is likely to affect “the entire city-center food retailing sector”.

RN MPs are not the only ones concerned about the nuisance caused by these shops. LR Senator Jean-Baptiste Blanc also questioned the government on this issue in October. He points out that certain establishments do not respect the law. “The sale of takeaway alcohol, although generally prohibited between 8pm and 8am, is often ignored by late-night grocers, due to insufficient and inconsistent controls.”he said, demanding to know the position of the Minister of the Interior. “on the measures to be taken to guarantee local residents a safe and peaceful living environment”..