Living in Spain 
Healthy Living Smoking
Healthy Living Smoking
Smoking Laws in Spain
Surprising though it may seem, approximately 70% of the Spanish population are said to be non-smokers. The Spanish Government recognises this, and on January 1st 2006, a new law was implemented (Ley 28/2005) covering a range of public health measures against smoking in Spain, along with tighter regulations on the sale, supply and advertising of tobacco products.
The primary objectives of the new law were to protect non-smokers, particularly those in the workplace, from passive smoking, to encourage people to cease smoking and to discourage the younger generation from starting.
Where is smoking banned?
From January 1st 2006, all enclosed public and private workplaces became smoke free environments. This is in addition to a complete ban on smoking in all indoor public places, for example:-
Hospitals
Schools and Universities
Sports Centres and Indoor Stadiums
Shopping Centres and Retail Outlets
Cultural Centres, Libraries, Conference Halls and Museums
Cinemas and Theatres
Public Transport, including taxis and cable cars
Lifts, Telephone Booths and enclosed ATM cash dispensers
Where is smoking permitted?
Exemptions to the rule exist, in particular relating to bars and restaurants, where the law is considered to be somewhat ambiguous and open to interpretation.
In bars and restaurants in Spain, that have what is defined as "useful surface", i.e. public areas larger than 100 square metres, smoking is banned; however the law allows that completely isolated smoking areas can be created, providing they have good ventilation systems, which can occupy as much as 30% of the public area.
The majority of bars in Spain have a "useful surface" of less than 100 square metres which allows the owner to decide whether they wish to implement a smoke free policy or not. They also have the option to impose a partial ban by either making isolated smoking areas, according to the regulations for larger premises, or by merely putting up signs informing their customers which area is designated for smokers. Initial estimations suggest that less than 10% of smaller premises have gone smoke free and some that did have already reverted back, citing loss of business as the reason.
Smoking areas, again complying with the ventilation requirements, may also be created in hotels, open air theatres, bus stations and airports.
The sale of tobacco products.
With regard to the sale of tobacco products, the law now states that they may only be sold from tobacconists (estancos) and bars and restaurants where smoking is permitted; for this reason vending machines are now prohibited in any other place. With the legal age for buying cigarettes, etc having been raised to 18, most vending machines now have control mechanisms, operated remotely by the owner of the establishment, to restrict their use to adults.
Tobacco advertising and sponsorship.
Promotion and advertisement of tobacco products in all forms of public and private media has been completely outlawed under the new regulations. This includes sponsorship; however there is one exemption to this: participants and teams in motorcycle and Formula One International races have been granted a three year extension for their sponsorship deals.
Who doesn’t the law protect?
Whilst the law has gone a long way to protect the rights of non smokers, unfortunately there is one sector of the population which has been overlooked, namely those people who are employed in what is known as the "hospitality industry", i.e. waiters, bar staff etc.
These workers do not enjoy the same rights to work in a smoke free zone as those of their office worker contempories. This is because the law considers workplaces in general and the hospitality industry as completely different entities. Whereas the law has been designed to protect the workers in the first group, it protects the customers in the second.
Senior health officials argue that whilst the customer has the right to choose a smoke free area within an establishment, the workers are not free to choose where to work within that same establishment. It is hoped that the Spanish government recognises this inconsistency and amends the regulations accordingly, thus bringing to all its citizens equal rights to enjoy a smoke free zone.
The primary objectives of the new law were to protect non-smokers, particularly those in the workplace, from passive smoking, to encourage people to cease smoking and to discourage the younger generation from starting.
Where is smoking banned?
From January 1st 2006, all enclosed public and private workplaces became smoke free environments. This is in addition to a complete ban on smoking in all indoor public places, for example:-
HospitalsSchools and Universities
Sports Centres and Indoor Stadiums
Shopping Centres and Retail Outlets
Cultural Centres, Libraries, Conference Halls and Museums
Cinemas and Theatres
Public Transport, including taxis and cable cars
Lifts, Telephone Booths and enclosed ATM cash dispensers
Where is smoking permitted?
Exemptions to the rule exist, in particular relating to bars and restaurants, where the law is considered to be somewhat ambiguous and open to interpretation.
In bars and restaurants in Spain, that have what is defined as "useful surface", i.e. public areas larger than 100 square metres, smoking is banned; however the law allows that completely isolated smoking areas can be created, providing they have good ventilation systems, which can occupy as much as 30% of the public area.
The majority of bars in Spain have a "useful surface" of less than 100 square metres which allows the owner to decide whether they wish to implement a smoke free policy or not. They also have the option to impose a partial ban by either making isolated smoking areas, according to the regulations for larger premises, or by merely putting up signs informing their customers which area is designated for smokers. Initial estimations suggest that less than 10% of smaller premises have gone smoke free and some that did have already reverted back, citing loss of business as the reason.
Smoking areas, again complying with the ventilation requirements, may also be created in hotels, open air theatres, bus stations and airports.
The sale of tobacco products.
With regard to the sale of tobacco products, the law now states that they may only be sold from tobacconists (estancos) and bars and restaurants where smoking is permitted; for this reason vending machines are now prohibited in any other place. With the legal age for buying cigarettes, etc having been raised to 18, most vending machines now have control mechanisms, operated remotely by the owner of the establishment, to restrict their use to adults.
Tobacco advertising and sponsorship.
Promotion and advertisement of tobacco products in all forms of public and private media has been completely outlawed under the new regulations. This includes sponsorship; however there is one exemption to this: participants and teams in motorcycle and Formula One International races have been granted a three year extension for their sponsorship deals.
Who doesn’t the law protect?
Whilst the law has gone a long way to protect the rights of non smokers, unfortunately there is one sector of the population which has been overlooked, namely those people who are employed in what is known as the "hospitality industry", i.e. waiters, bar staff etc.
These workers do not enjoy the same rights to work in a smoke free zone as those of their office worker contempories. This is because the law considers workplaces in general and the hospitality industry as completely different entities. Whereas the law has been designed to protect the workers in the first group, it protects the customers in the second.
Senior health officials argue that whilst the customer has the right to choose a smoke free area within an establishment, the workers are not free to choose where to work within that same establishment. It is hoped that the Spanish government recognises this inconsistency and amends the regulations accordingly, thus bringing to all its citizens equal rights to enjoy a smoke free zone.
