Cyprus’s new food and entertainment venue law has been referred to the Supreme Court before it has even come into force. President Nikos Christodoulides referred it to the court after the Law Office found several provisions unconstitutional. The government is already planning to start again after the May 24 elections. Here is what you need to know.
What does the law actually do?
The legislation modernises the regulatory framework for food and entertainment venues — restaurants, taverns, bars, music venues, discotheques and similar establishments — replacing an outdated legal framework with new rules on licensing, operating hours, and oversight.
Under the law as passed by Parliament, venues fall into two categories: food and leisure venues, and entertainment venues. Both categories can stay open until 3:30 a.m. Music and dance venues and discotheques can remain open until 5:00 a.m. by ministerial decree. The Energy Minister, acting on a proposal from the Deputy Minister of Tourism, can also extend hours beyond 3:30 a.m. by decree, but not past 5:00 a.m.
The law also introduces a special operating licence for previously unlicensed premises that were already operating before the legislation comes into force, provided they meet the required conditions. Closed-type premises are excluded from this provision, as are leisure venues operating within hotel grounds or tourist accommodation rented out to third parties, which are exempt from the licensing requirement altogether.
The Deputy Ministry of Tourism would be required to maintain a general register of all operating licences issued by the competent authorities, and would retain the power to carry out inspections at leisure venues to ensure compliance with the national tourism strategy.
Other changes include the removal of the requirement for food venue applicants to submit a letter from the Department of Labour Inspection, and an exemption for reception halls from the obligation to display a price list. Operating licence fees cover the full period of the licence’s validity.
Who issues the licences — and why that became a problem
One of the most significant changes in the law is the shift in licensing authority. Under the government’s original bill, the Director-General of the Deputy Ministry of Tourism would have issued operating licences. The version passed by Parliament transfers that power to municipal and community councils for premises within their boundaries.
The Law Office found this transfer unconstitutional. A further provision — granting the Interior Minister the power to delegate community council licensing authority to the relevant district officer — was also found legally flawed, on the grounds that it allows the Legislature to encroach on the powers of the Executive. These two provisions are at the heart of the Supreme Court referral.
How did it get to this point?
The government submitted the original bill last October. MPs examined it over more than five months and 10 meetings, with the Parliamentary Commerce Committee substantially reworking the text. The main disputes centred on operating hours and noise pollution rules, where party positions diverged sharply from the government’s proposals.
The Deputy Ministry of Tourism withdrew the bill hours before it was due to go before the House plenary. DISY MP and Energy Committee Chair Kyriakos Hadjiyiannis then tabled the Parliament-amended version as a private member’s bill. Parliament passed it almost unanimously on April 6.
What happens now?
The Supreme Court will schedule its examination of the referred provisions in the coming weeks. According to information obtained by Phileleftheros, the government intends to resubmit a new bill to the incoming parliament after the May 24 elections, based on its original proposal — before the extensive parliamentary amendments were made.
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