Smoking Ban in Spain, 2nd January 2011

The 2nd January 2011 is the date smokers in Spain are dreading.

The anti-smoking legislation Ley 28 2005 was introduced during 2006 in Spain which allowed smaller establishments less than 100 m2 or 1,100 ft2 to choose if they wanted to be smoking or non-smoking, of course most opted to stay smoking. If bigger sized businesses wanted to cater to allow smokers in their premises they had to establish a  non-smoking area.

It was with some surprise that Spain opted for the tough new laws banning smoking, not only are they increasing the current legislation to bring the country in line with the rest of the European Union, they also prohibited smoking outdoors at children’s playgrounds and the outside areas of schools and hospitals.

There are some exceptions to the rules, hotels were given permission to set aside 30% of their rooms for smokers but a plea from the bar / restaurant federation was rejected to enable them to set up isolated space within their premises for smokers. It is also permitted to smoke within special zones in the following enclosed areas prisons, psychiatric wards and old people’s homes.

This new legislation was passed by Congress in October and sent to the Senate for approval, they suggested the following amendments:

A smokers’ zone of up to 30% could be established in bars, these are to be non service areas so that staff do not have to enter the smoking zone.

A delay in implementing the tougher legislation until July 2011.

Health Minister Leire Pajín said the Government will not accept the amendments from Senate and is insisting that the legislation will proceed as planned on the 2nd January 2011.

Reading updates this week it now looks like the Senate has suggested the smoking ban will stand for the bars but an exception could be made for casinos, bingo halls and game rooms which has been passed back to the House of Representatives. The deadline is closing in, what will the final result be?