Time to take a sharp breath and inhale the new Anti-Tobacco Law ....
The new Spanish smoking laws, which came into force at the beginning of 2006 have caused something of a furore. Interestingly the non smokers seem as up in arms about the new laws as smokers. Whatever your view point however it seems that for the time being at least, the smoking laws are here to stay.
But how do these laws affect the bar or restaurant owner? And if you are planning to purchase a bar in the near future should you be worried about these new regulations? With the papers full of horror stories and complaints from small businesses who say the new laws are affecting their trade, it’s no surprise that people are worried. In general however new laws always take a bit of getting used to and overtime things do seem to settle down, still ….there’s no smoke without fire….. So here we try to answer your questions and explain how the new laws work.
It´s worth mentioning before going any further that these new laws are still throwing up a lot of ´grey´ areas and while every effort has been made to ensure the information given below is accurate, we still recommend you call the National Committee for the Prevention of Smoking hotline ( given below ) if you need to find out more or are having difficulties adapting your business to the new laws.
The Facts
Smoking is now forbidden in the workplace and in all bars and restaurants bigger than 100 square metres without special provisions having been made. This also applies to nightclubs and function rooms, as well as hotels, phone boxes, and shopping centres. Any sites where public events are held will also be smoke free. Airports, theatres and cinemas must designate separate areas for smoking. Workplaces will not have designated smoking areas, employee´s wishing to smoke must do so outside the building.
The new law does not apply to the Balearic Islands but only because their own local law already obliges all bars and restaurants regardless of size to have two separate areas, one for smoking and one for non smokers.
Cigarettes will now only be available to buy from estancos (tobacconists) and duly authorised bars and restaurants. You cannot buy cigarettes anymore from kiosks, petrol stations or shopping centres. Tobacco advertising has also been banned from certain medias and doctors are calling for the price of cigarettes to be put up.
All bars and restaurants smaller than 100 square metres can decide whether they would like their premises to be smoking or non smoking. If they decide to opt for a smoking premises they must make this clear with the use of signs should not allow children on the premises.
Bigger bars and restaurants have a choice. They can either declare themselves completely non smoking establishments or they are required to have separate areas for smoking and non smoking.
The smoking areas must be equipped with clear signs, be properly divided from the main area and have their own ventilation systems. Smoking areas must not be in an area where people have to walk through to get in or out of the establishment and can not be more than 30 percent of the total area of the premises. Any establishments unable to provide a separate area with the above features are obliged to prohibit smoking altogether.
All establishments have 8 months ( from 1st January 2006 ) to comply with the laws and re-structure their premises accordingly. In the meantime a chain, a piece of rope or a piece of paper pinned to the wall will act as a legal separation barrier.
Establishments and individuals who fail to comply with the new laws could be fined up to 600,000 euros.
It´s true to say the oppostion to the new law has been great and there have been many complaints from comsumers, business owners and staff. Many bar owners are also worried about the costs of renovating their establishment to comply with the law. However many others are making and welcoming the changes. The following survey was reported in the Costa del Sol News and may be of some comfort to worried bar owners or those thinking of buying a bar in Spain….
At a Nerja bar and restaurant, a survey indicated the following results.
* Only 12 per cent of potential clients would avoid a wholly non-smoking establishment.
* One- fifth said they would not patronize a non-smoking bar
*10 per cent were undecided, but 70 per cent indicated they would be happy to patronize a no-smoking bar.
* That figure rose to 88 per cent amongst those who were non-smokers.
* A total of 83 per cent said they would visit a non-smoking bar or restaurant
( following this survey the bar owner banned smoking on the front terrace and inside of his bar restaurant, but continues to allow it on the rear terrace! )
To find out more, call the National Committee for the Prevention of Smoking helpline on
901 445 445
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