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Home > Taxes, Uncategorized > Smoking Ban: Government Reports That Smoking Will be Banned as From Next Year in Enclosed Premises

Smoking Ban: Government Reports That Smoking Will be Banned as From Next Year in Enclosed Premises

November 6th, 2009

Just when bar and restaurant owners thought things couldn’t get any worse, given the grim financial downturn, you can always rely on the Government to prove them wrong. Mrs Trinidad Jimenez, Spain’s Health Minister, announced yesterday that smoking will be banned in all closed public venues as from the 1st January 2010.

Bar, restaurant, hotel and discotheque owners have only just finished paying off the mandatory expensive reforms to their business premises so as to segregate designated smoking and non-smoking areas in compliance with the newly passed Smoking law (law 28/2005 which came into force on the 1st January 2006). Scarcely three years ahead the Government plans to scrape it off amending this law and banning smoking all together in closed public premises. So basically these refurbishments will now become useless.

On a side note, Spain’s football league are now threatening to go on strike if the tax reform announced by the Government this week is enforced whereby top-football-earners will now be taxed at the highest tax band of 43% instead of a flat income tax rate of 24%. This had garnered Spain widespread criticism throughout Europe on grounds of unfair competition.  Hopefully this will not be the case.

I think some people may be in for a hard time next year if they like watching football or smoking or both.

56 days to go…

Taxes, Uncategorized , ,

  1. November 19th, 2009 at 00:41 | #1

    It’s very saddening for me to read this. I have been looking to buy a Spaish fica because of the liberal Spanish smoking laws. This would cancel out this idea, I guess.

    Could you please give me a link to document this info? Also: Do you know whether this law will be the same all over Spain, since I learned there are different laws in different regions – Mallorca / Madrid / Barcelona / The Canaries?

    Perhaps you could point me in a direction where I can get this knowledge. I would be pleased if you could help me. Thank you.

  2. raymundo
    November 19th, 2009 at 11:13 | #2

    Dear Sir,

    Sorry, my bad. I thought I had already included the source of the news:

    http://www.laopiniondemurcia.es/comunidad/2009/11/06/1-enero-prohibido-fumar-lugares-publicos/209364.html (http://www NULL.laopiniondemurcia NULL.es/comunidad/2009/11/06/1-enero-prohibido-fumar-lugares-publicos/209364 NULL.html)

    To the best of my knowledge it will be implemented nationwide, yes, amending the existing Smoking Law quoted in the post above.

    Having said that, one cannot but wonder just how keen are they really going to be in enforcing it? Because one thing is banning it and another is actually having the guts to enforce it.

    If these were normal times it wouldn’t be such a big deal because they would hardly enforce it. But given the fact that our Government is now bent on offsetting the shortfall in property-related taxes I suspect they may be zealous to fine offenders. Just like they are overeager to fine you with speeding tickets lately.

    But that’s just an educated guess.

    Regards,

  3. November 23rd, 2009 at 00:27 | #3

    Thank you, raymundo.

    This is just too bad. I feel sorry for the owners of the bars and small tapas-restaurants.

    Spain was such a nice place to visit, because free choice was still allowed. I visited Barcelona 10 days with my family one month ago – we had a nice holiday, because it was not impossible to smoke everywhere, like it is in my country.

    Hopefully you will not see a breakdown i the no. of tourists, but I suspect you will see some …

    Best wishes

  4. Jim
    November 23rd, 2009 at 21:34 | #4

    I’ve booked non-refundable flights for next year but if they go ahead with the ban they can swivel, I’m not going!

  5. November 24th, 2009 at 11:06 | #5

    Dear Klaus and Jim,

    There is no official confirmation on the Government amending the Smoking Law other than the Health Minister’s public declarations.

    I must add that it’s not unsusal for the Spanish Government to announce legal measures just to test the waters which may not be carried out at a later date. If there was a huge public outcry they may change thier minds as in many other issues.

    So perhaps we are being carried away until this new law is actually enacted.

    Regards,

  6. December 14th, 2009 at 15:22 | #6

    “No official confirmation” … OK, I understand.

    Would you be so kind to update us on this, whenever you hear news about it?

    Thank you again, Raymundo

  7. January 15th, 2010 at 02:06 | #7

    It seems like this issue is not settled after all:

    http://www.theleader.info/article/21145/spain/national/spain-split-on-smoking-ban/ (http://www NULL.theleader NULL.info/article/21145/spain/national/spain-split-on-smoking-ban/)

    I really hope for a compromise. Total smoking bans are so correct and boring :-(

  8. January 15th, 2010 at 10:10 | #8

    Hi Klaus,

    No, it hasn’t been settled yet. The Government has now decided to delay it until June/July this year to buy time.

    Autonomous regions such as Andalucía have threatened they will pass their own law on the matter bypassing the state law which will effectively negate it. Andalucía’s Junta (which ironically belongs to the same political party as the Government) find it absurd that barely 3 years after the owners of restaurants, bars etc had to pay large amounts to adapt to the amended smoking law of 2006 it will be for nothing as I has already pointed out in my blog above. There´s huge dissession amongst their own ranks, let alone everyone else.

    http://www.intereconomia.com/noticias-gaceta/sociedad/andalucia-pide-al-gobierno-que-se-permita-fumar-los-locales-acondicionados?page=1 (http://www NULL.intereconomia NULL.com/noticias-gaceta/sociedad/andalucia-pide-al-gobierno-que-se-permita-fumar-los-locales-acondicionados?page=1)

    There´s huge opposition from businessman than own restaurants, hotels, pubs etc.

    http://www.infohoreco.es/noticias/detalle_noticia/-/asset_publisher/O6cV/content/los-hosteleros-intensifican-sus-criticas-contra-la-ley-anti-tabaco (http://www NULL.infohoreco NULL.es/noticias/detalle_noticia/-/asset_publisher/O6cV/content/los-hosteleros-intensifican-sus-criticas-contra-la-ley-anti-tabaco)

    This is frankly not the best of times to implement this law.

    Regards

  9. raymundo
    January 15th, 2010 at 16:24 | #9

    Hi Klaus,

    No, unsurprisingly it hasn’t been settled yet. The Government has now decided to delay it until June/July this year due to the fearce opposition.

    Autonomous regions such as Andalucía have threatened they will pass their own law on the matter bypassing the state law which will effectively negate it. Andalucía’s Junta (which ironically belongs to the same political party as the Government) find it absurd that barely 3 years after the owners of restaurants, bars etc had to pay large amounts to adapt to the amended smoking law of 2006 it will be for nothing as I has already pointed out in my blog above. There’s huge dissension even amongst their own ranks, let alone everyone else.

    http://www.intereconomia.com/noticias-gaceta/sociedad/andalucia-pide-al-gobierno-que-se-permita-fumar-los-locales-acondicionados?page=1 (http://www NULL.intereconomia NULL.com/noticias-gaceta/sociedad/andalucia-pide-al-gobierno-que-se-permita-fumar-los-locales-acondicionados?page=1)

    There’s huge opposition from businessman:

    http://www.infohoreco.es/noticias/detalle_noticia/-/asset_publisher/O6cV/content/los-hosteleros-intensifican-sus-criticas-contra-la-ley-anti-tabaco (http://www NULL.infohoreco NULL.es/noticias/detalle_noticia/-/asset_publisher/O6cV/content/los-hosteleros-intensifican-sus-criticas-contra-la-ley-anti-tabaco)

    This frankly may not be the best of times to implement this law.

    Regards