On the courts, as well as in the health control authorities, there are more and more cases related to the introduction of various types of sharpening during lockdown. As they are conducted, the case of an entrepreneur operating a barbershop shows.
The entrepreneur was charged with an administrative penalty by the State Sanitary Inspector in Koszalin for operating at a time when under the Regulation of the Council of Ministers of the day 19 April, section 8, a ban was introduced on, among other things, hairdressing activities. For breaking the ban, a fine of 5,000 to 30,000 PLN.
The said entrepreneur was punished on the basis of the content of the police note, the authority omitted the explanation of the entrepreneur and wrongly waived his right to take active part in the proceedings.
In this case, in the defence of the entrepreneur, the Ombudsman of Small and Medium Entrepreneurs stood up, which pointed out negligence in conducting proceedings.
Zachodniopomorskie State Provincial Sanitary Inspector in Szczecin repealing the above-mentioned decision took into account the position of Ombudsman of Small and Medium Entrepreneurs and forwarded the case for reconsideration to the body first instances. He recommended that the investigation be carried out again.
The re-examination authority is to determine whether an event has occurred under penalty. It is also intended to take into account all the circumstances relevant to its resolution and to ensure that the trader is actively involved in the proceedings.