The total smoking ban in public places that came into effect on January 2, 2011, is being respected in bars and restaurants all over Calasparra.
“Customers know they can´t smoke,” a local bar owner told NEXOnr, “There has been a load of publicity so we have had no trouble at all.”
At another bar in the town centre the owner said “Customers are as good as gold. They complain about the law but they don´t give me any trouble. They go outside and have a smoke.”
There´s plenty of complaining and plenty of confusion as the most draconian anti smoking laws in Europe take effect. In which public spaces can you smoke and where can´t you smoke?
At least everyone appears to be clear that there is no smoking allowed in any bar or restaurant and that a bar cannot be turned into “smoking clubs” overnight by simply issuing membership cards as all smoking clubs must be non profit making and are unable to sell drinks.
Perhaps it not too surprising that the bars are obeying the law this time around (the previous law requiring special no smoking areas in bars was not enforced in Calasparra and widely ignored) as the fines for businesses who allow smoking on the premises are up to 600,000 euros.
It has been referred to as the “non smoker’s law” and its strength is that, apart from the general enforcement system, members of the general public can ensure it is respected through a system of anonymous reporting.
Firstly, the law will be enforced in the region of Murcia by an army of 200 inspectors who will form the Department of Health and Work’s vigilance team which will carry out inspections to ensure that the region´s bar and catering sector obeys the law.
The consumer organizations in the region also have a role to play in ensuring the law is respected and have already announced that from March onwards they will be organizing “hunts” around the region´s bars and restaurants to ensure the smoking ban is enforced and “denounce” offenders.
Facua-Consumur advise clients not to tackle fellow customers who smoke but to report them to the owner/manager of the premises and, if this fails to report the offending business to the consumer associations. The public are advised not to see confrontation and not to call the police in the first instance.
There is a special telephone line at the disposition of the public to make any complaint (901 501 601) or a complaint can be made in any OMIC office in the region. Although consumer associations may require your name and identifying information for their files they are not obliged to disclose to the offender who has made the complaint.
Facua-Consumidores en Acción now has a webpage (FACUA.org/leydeltabaco ) where members of the public can register their complaints about premises or individuals breaking the new law. All complaints received by these organizations will be referred to the Department of Health. In the first 48 hours of the service there were 250 complaints from the public and by the third day after the ban this figure had risen to 700.
There is another webpage for the public to register complaints on the Internet: nonfumadores.org.
Although the idea of “snitching” is not a particularly attractive one central Government is determined to deter smokers by making their lives as difficult as possible. There are two main aims to this legislation: firstly, the health of the nation: the cost to the health service of smoking related conditions, and the plight of passive smokers. Secondly, the law aims to encourage young people to give up smoking or not start smoking at all, or to start smoking much later in life.
If the smoking ban in bars and restaurants is for the protection of Spain´s passive smokers the defence of the country´s youth has led the Government to ban smoking in public places designated and used by children. These include public play areas, outside the school gates, near hospital buildings or outside health centres. If the catering industry is enforcing the ban it is a different story in children´s parks and hospital buildings where enforcement appears patchy.
While the law does permit in open public places and terraces with less than two walls and no roof, the Government is making massive efforts to make Spain give up smoking including a 28% price hike last month for all types of cigarettes and rolling tobacco. The days when you could pay for your trip to Spain by buying cheap cigarettes for friends in the UK also seem to be numbered.
A PICTURE OF HEALTH
The sale of cigarettes has fallen in Spain by 11.1% since October last year and the Government anticipates this decrease in smokers nationally will continue.
Smoking is the principal cause of avoidable illnesses and it is estimated that 50,000 people die prematurely from smoking related conditions each year.
Of the 100,000 annual health service budget some 15% is destined for patients with conditions related to smoking. Last year the state collected 7718 million euros in special taxes on tobacco. According to the Department of Health this signifies that for every euro the Government collects in taxes it pays two euros to cure and care for patients with conditions caused by smoking.
There are at least 29 health problems associated with smoking but topping the list is heart attacks which cost the Health Service 3,600 million euros last year.
The final annual bill for treating smoking related conditions in 2009 was 15,336 million euros with other conditions listed as: obstruction of the lungs; brain hemorrhages, asthma and lung cancer.
READERS QUERIES ABOUT THE SMOKING BAN
In which bars and restaurants are you permitted to smoke?
None without exception.
Is smoking permitted on bar terraces?
Yes, if the terrace is uncovered or has two walls or less.
Can you smoke on the railway platform or in the bus station?
No, unless the area is completely open air.
Will the airports have no smoking zones?
No, these have disappeared for good. You must go outside the terminal to smoke.
Can you smoke in a taxi?
No, this is considered public space and is enclosed. Smoking is prohibited.
Is smoking permitted on the stairs or lift in my apartment block?
No, these are small, enclosed areas and smoking is banned.
If I pay for my daughter´s wedding reception can my guests smoke?
No, if you hire a restaurant or other enclosed public space.
Can I smoke in the street?
Yes.
Can I smoke outside the hospital/health centre building?
This is where the law is confused. In theory, no. Look out for notices that give advice but generally it may be advisable to smoke in open air areas away from doorways and buildings.
How does the law affect children´s play areas and school buildings?
Smoking is strictly prohibited.
Can I smoke in my hotel room?
Yes, if it is a “smoking” room. Hotels can reserve up to 30% of their rooms for smokers.
Can I smoke by the hotel pool or on the beach?
Yes, they are both open air spaces unless there are local orders in force to the contrary.
How can a bar change into a Smokers’ Club?
It can´t. The law aims to protect the 1000 waiters who die from passive smoking and to this end Smokers Clubs are prohibited from selling drinks.
What happens if I break the law?
The law will be enforced with the same vigour as anti drugs laws and fines for individuals range from 30 to 3,000 euros. Premises breaking the law face fines of between 15,000 and 600,000 euros and possible suspension of their opening licences or permanent closure.
Who will enforce the law?
Under the law anyone with an “inspection role” in the community can start proceedings. This could be a works or a health inspector.
