To have water in accordance with the law

Should the right to ask for tap water be laid down in law?

Līga Aija Lagzdiņa/ Latvijas Avīze

At the end of November, a proposal was discussed in the Saeima to lay down in law that caterers must provide their customers with the opportunity to drink tap water. In many parts of the world, cafés and restaurants offer tap water free of charge, but Latvian caterers are mostly reluctant to adopt this practice. Latvijas Avīze tried to find out whether the availability of tap water in catering establishments really needs the force of law – whether an offer by customer would not be sufficient to avoid unnecessary bureaucratisation of the issue.

With reference to the European Directive

The requirement for free access to drinking water in cafés and restaurants was initiated by Progresīvie political party through amendments to the Law on the Supervision of the Handling of Food. The amendments state that a caterer should provide drinking water free of charge or for a small fee if the catering establishment is connected to a centralised water supply system. Saeima Member Mairita Lūse (P):
“We take into account the recommendations of both European directives and Latvian environmental guidelines.”

Mairita Lūse refers to the Directive of the European Parliament and of the Council on the quality of water intended for human consumption, which recommends that drinking water should be provided free of charge or for a low service fee in restaurants, canteens and catering services (Article 16(2)(d)). The Directive also calls for the promotion of the use of tap water in Member States through public awareness-raising, education campaigns and access to tap water in public buildings. 

Obligation or recommendation?

It should be noted that the Directive does not impose an obligation to provide tap water in restaurants; this is only a recommendation. However, Mairita Lūse points out that in several EU countries, the availability of drinking water in catering establishments is required by law: “In some countries, drinking water is free if alcohol is sold. But in France, for example, every visitor is entitled to a free glass of water or carafe with their meal.” 

According to a French tourist guide, the law governing the provision of drinking water to customers dates back to 1967. In addition, restaurants are obliged to clearly indicate the availability of this service on their menus.

Romania also adopted the European Directive’s recommendation this year, including the requirement for free tap water in catering establishments into law, and Spain endorsed it two years ago, according to news websites. The initiative is also being discussed in many other EU countries, such as Belgium, Lithuania and Slovakia. 

However, the Belgian media Le Monde reports that the plan promised by the government to provide free drinking water to caterers will not be implemented because it could be financially challenging for caterers. In Lithuania, however, proposed amendments to the law a few years ago were rejected by the Seimas of the Republic of Lithuania by a clear majority – 12 votes against and 51 abstentions. According to Dutch News, more than a thousand people in the Netherlands have signed a petition asking for the provision of drinking water in restaurants. Although the quality of tap water in the Netherlands is said to be high, many caterers still choose not to provide this service. 

Mairita Lūse points out that the draft law on the provision of drinking water in restaurants is positively received by the Ministry of Climate and Energy. 

This is because a reduction in the use of water bottles in restaurants would also reduce waste.

Furthermore, improving access to drinking water is included in the Environmental Policy Guidelines 2021-2027 of the Ministry of Environmental Protection and Regional Development and the Ministry of Health, where one of the lines of action is to promote the free availability and promotion of drinking water. “The Ministry of Health’s Action Plan to Reduce Overweight and Obesity 2025-2029 foresees that water could replace sweetened beverages and thus help prevent the risks of obesity,” explains Mairita Lūse. 

Reducing competitiveness

There were also 17 politicians who voted against the draft law being taken forward. Member Linda Liepiņa argued that such changes would undermine the competitiveness of caterers. The Latvian Hotel and Restaurant Association also opposed such amendments to the law. However, do all caterers agree? Normunds Barinovs, the manager of Innocent Cafe, believes that the availability of free tap water is not a threat to business: “This discussion is more like shouting just because you can. It has no impact on competitiveness. For us, the provision of free tap water has not resulted in any significant cost or turnover impact. In addition, customers have the choice of buying bottled water or getting a glass of tap water. Perhaps this is an additional complication for those who do not use such a system. For cafés it might be easier, as the waiter does not bring the water – the customer has to pour it at the bar. In addition, we have provided a place to pour water from the opening of the café, but for other establishments where there is no such place, it might be a little more difficult.” 

Mairita Lūse explains that the amendment would not prevent caterers from including the price of a glass of water in their total costs, thus allowing them to make a profit from the service. In addition, the customer would still be able to buy bottled water. 

Asked what to do for restaurants that cannot provide good quality tap water, Member Mairita Lūse pointed out that the law would only apply to catering establishments that are connected to the centralised water supply system, thus excluding, for example, beach cafés.

The annotation of the draft law mentions that more than 90% of the Latvian population has access to tap water of appropriate quality. Current legislation imposes strict requirements on the quality of drinking water, including in catering establishments: e.g. regular mandatory water quality tests. 

Does everything need to be written into law?

Normunds Barinovs, the manager of Innocent Cafe, is one of those caterers who does not understand why the bureaucratic burden is placed on this issue. In his view, if a restaurant wants to provide free tap water, this is already possible, but if not, it should not be a mandatory requirement:

“I do not understand, is it really necessary to have a separate law to introduce such a service? Should members and legislators really be analysing whether caterers are providing free water?

I think it could remain at the level of a recommendation. Rather, the focus should be on supporting organisations that advocate access to drinking water.” 

Mairita Lūse says that at the level of a recommendation, this issue has been worked on for a long time. For example, the association Ū Vitamīns regularly explains the high quality of tap water and invites caterers to offer it to their customers. Unfortunately, there are still many catering establishments that do not offer tap water and refuse to provide it, even if the customer asks for it. A legal provision would, in her view, strengthen this practice and put all caterers on an equal footing: “In addition, the customer would have a clear sense of the right to ask for a glass of water with their meal – regardless of the place they choose to eat.”

Meanwhile, more than 100 restaurants, cafés and other public places in 11 different cities across Latvia already offer free drinking water.

The aforementioned association Ū vitamīns, which actively encourages people to drink tap water, can tell more about it. One of the authors of the idea of Ū vitamīns is Uldis Sangovičs, co-founder of Infinity Coffee, the parent company of Rocket Bean Roastery. Speaking to Latvijas Avīze, he points: “We started this movement because we believed that customers have the right to demand drinking water in catering establishments. However, of course, everyone has their own opinion. Everyone has a different taste perception, so if a customer can also buy bottled water, if the customer wants to. Although there is no law requiring caterers to provide free drinking water, many caterers in Riga already offer this.”