Spain’s draft anti-smoking law has been firmly rejected by the Malaga Hospitality Association (Mahos).
The new legislation will ban the practice – plus vaping – in a range of public places, including bar and restaurant terraces.
READ MORE: Revealed: All the places where it will soon be illegal to smoke or vape in Spain
It is set to come into effect after passing through the final stages of parliament over the next few months.
‘We believe it’s disproportionate, it doesn’t reduce consumption, it just shifts it elsewhere,’ Mahos president Javier Frutos told Malaga Hoy, warning that the law could also confuse tourists.
Frutos argued the ban could encourage smokers to get up and gather in the street outside venues, leading to disorder and even obstructing pedestrians.
He insists terraces are ‘open-air, ventilated spaces that guarantee coexistence and respect between smokers and non-smokers’, adding that customers are generally satisfied with this balance.
The association fears the ban would cause particular confusion among tourists, who see outdoor terraces as one of Spain’s great attractions.
‘They’re hugely appreciated by visitors, who can enjoy being outside practically all year round – something they can’t do back home,’ Frutos said.
He also stressed that very few European destinations impose such strict rules.
‘Only in Luxembourg is smoking banned on restaurant terraces, though not in bars. Sweden also prohibits it, but its climate is completely different to Spain’s,’ he noted.
By contrast, Mediterranean rivals such as Portugal, Italy, Croatia and Greece allow smoking on terraces, giving them a competitive edge if Spain enforces the ban.
Frutos pointed out that Spain already has ‘a very restrictive framework when it comes to smoke-free spaces’ and said banning smoking outdoors ‘isn’t something society is calling for.’
He cited the failure of a European citizens’ initiative that had to be withdrawn due to lack of support.
As vice-president of Spain’s national hospitality association, he extended an offer of dialogue to the central government and the Ministry of Health to shape future regulations.
Tougher sanctions and wider restrictions
The proposed law also strengthens penalties. Minor infractions, such as under-18s smoking or vaping, would incur a €100 fine payable by parents.
The most serious offences, such as sponsoring e-cigarettes, could carry fines of up to €600,000.
Smoke-free zones will be expanded to include commercial vehicles, swimming pools, university campuses and transport stations, alongside terraces and other outdoor spaces.
For the first time, the restrictions applied to tobacco will be extended to related products such as e-cigarettes.
The new legislation will also prohibit not only the sale but the consumption of these products by minors, closing a loophole in the current law.
Read more Andalucia news at the Spanish Eye.
