Jan 242011
 

SMOKING BAN IN SPAIN - DEDICATED 'OUTSIDE' AREA

SMOKING BAN IN SPAIN - DEDICATED 'OUTSIDE' AREA

Andrew Linn (Culture Spain’s Spanish food and wine expert) has been keeping an eye on the controversial (for many) smoking ban in Spain.  Clearly, this law has upset a significant minority of the Spanish population as protests against it continue.  In my area of Valencia I have seen little of this – but Andrew ( a very occasional smoker only) reports that:

The protests about the smoking ban in Spain are increasing rather than decreasing. Demonstrations have taken place in many Spanish cities and more were programmed for last weekend. There were also plans for bars to close for several hours as a further protest. In the Basque country plans are afoot to remove cigarette vending machines from bars, so as to eliminate a large part of the income the State receives from taxes on tobacco (bar owners by comparison get little profit from these machines: to make 150 euros they have to sell 1,000 packs.)

Meanwhile, the conference centre at Torremolinos, one of the largest in the south of Spain, has announced it will construct a part-outdoor area where events can be held and where smoking will be legal. Interestingly, theTorremelinos centre is controlled by the municipality.

The catering sector has published the results of the smoking ban in Spain so far – with estimates that bars have lost as much as 40% of their pre-ban business. In the likely event that every bar has to dismiss one employee, the resulting increase in unemployment will, needless to say, be massive.

So far there are no reports of fines having been levied for breaking the anti-smoking law in Spain, although the authorities have made many threats and there are possibly fines pending court procedures.

The bottom line for those opposed to the smoking ban in Spain is: ‘if tobacco is bad, ban it altogether. If it is not all bad, let people smoke in defined places or areas in bars and restaurants. One of the conditions of the anti-smoking law in Spain is that smoking is not permitted in private clubs which flies in the face of democratic legislation that permits such clubs to set their own rules and regulations.

Indeed, Spanish legal specialists maintain that the central government cannot ‘invade’ the officially permitted areas of the autonomous regions by trying to impose a general law that affects all the country.  Evidently, this is not within central government’s competence when it comes to such matters as prohibiting smoking in private businesses such as clubs that do not admit non-members, etc.  So, it appears that legal challenges to the law are already being lined up.

Certainly, every day there are reports in the newspapers of violence taking place in bars and restaurants because of the ban.  In Velez-Malaga two policemen who tried to arrest three smokers in a bar (they had previously asked them to step outside to smoke) were injured in a fight when they tried to arrest one of the offenders who had refused to give his personal details.  In Granada a fight erupted between some youths in a city-centre bar when they intervened to defend the lady bar owner who was being threatened by a smoker who had refused to put out his cigarette.

Needless to say, there are probably hundreds of such incidents relating to the smoking ban in Spain each day but it is almost certain that only a small proportion of them get into the press.

RELEVANT INFO: Spanish food and wine and Andrew Linn

  3 Responses to “Smoking ban in Spain:update”

  1. As with the anti-hunting laws that went thro’ in UK, there will be kerfuffles here, barnies there and then it will all settle down. Then smoking everywhere will gradually die out.

    A report in UK recently estimated that smoking would entirely cease to exist there in 30-50 years. I’d guess less, because marketing snout will become more expensive [the tobacco companies will switch their efforts to countries not subject to ban, as they are, big-time, in India], the returns for retailers more trouble than it’s worth [as was mentioned in the piece], governments will take the opportunity of falling consumption to effectively ‘ban’ tobacco by bearing down ever harder with taxation… good riddance.

    It became socially unacceptable to take snuff because of the revolting aftermath. So with fags: as the nons overwhelmingly outnumber the smokers, it’ll be something very few will tolerate, like being drunk in public in Spain and Italy etc.

    As for the ‘democratic right’ to smoke in a private club: this is a nonsense. Whatever rules a private club comes up with, it cannot flout the law of the land. Killing people is not permitted in private clubs, even if a club drew up rules permitting members to take each other out, because rules of a club cannot contravene the law of the land. The Mafia have this very problem. In their ‘club’, whacking the other guy before he whacks you is how they run things. But the whackers are still murderers.

    And what about the inalienable right for a person to go about their business and pleasure without detriment to their health from the actions of others? Your filthy habit does not have precedence over my right to breath without inhaling your previously-inhaled smoke. It’s impossible to argue otherwise, certainly not on the grounds of ‘democracy’.

    For those touting the ‘democracy’ schtick, look up what it means, think about how it operates in the west and then get used to the fact that some things will go through that you REALLY DON’T LIKE.

    Now is the winter of the smokers’ discontent. Now is the high summer of the non-smokers schadenfreude. As the smokers crouch on wet benches, in the rain, in gloomy winter UK, as smokers in 3degC Valencia shiver out on the tables in the street, I cheer! Sorry: I know it’s a cheap thrill but after a lifetime of being subject to their thing, I now have the satisfaction of seeing smokers get their come-uppance.

  2. Chis Nation is wrong fumes from traffic is far worse than cigarette smoke will ever be
    as per a goverment report in the 1960s

  3. Chris Nation. What a sad person. Believer no doubt on all media, government, ASH and general anti’s of anything THEY don’t like. In this instance smoking. Questions for him. How many people ACTUALLY died from SHS in the UK? That is recorded ACTUAL deaths. How many died from direct smoking? How many lung cancer victims of 2009 were smokers? How many ACTUAL smokers are there in the UK? Who pays ASH? Who promotes anti-smoking? Who said one cigarette will kill you? Has the mortality rate dropped by 160,000 p.a. as it should have since smoking ban in UK was introduced? Now you realise it is all a game to line somebody’s pockets. It was never about health. If you believe the anti’s, then smoking causes everthing from in-growing toe nails to cervical cancer!!! The truth is very different.
    I believe non-smokers should have a separate area, smoke free.
    I believe it is free choice to enter a smoking area as indeed to enter a non-smoking area.
    However, we do not live in a free, democratic choice environment anymore. The sheep of the UK will always obey the masters……… you know……… big pharmer, banks and MP’s hell bent on power!! Let’s face it, they banned Coke, Herion & weed but it’s readily available on any town / city street corner. Ever wondered why this is? After all we do have one of the most easy to patrol borders, i.e. a giant moat, but still the drugs pile in. Why?
    I’ll let you work it out.