jimenato

In the paper version of this weeks Olive Press - a letter writer (page 22) is complaining about smokers on the open terrace of a restaurant and states

I haven't heard this and I can't find anything out about it. Anyone know anything?

I think it's probably BS.

Fred James

Smoking on the open terrace of a restaurant is permitted. If the terrace is covered then it is only permitted if it has a maximum of 2 walls/ fences, blinds etc around it.

So smoking in a typical covered area outside a restaurant with a cover and two side walls (in addition to the back wall which is part of the restaurant, would not be permitted.

Ley 42/2010, de 30 de diciembre is the relevant law.

http://www.boe.es/boe/dias/2010/12/3...2010-20138.pdf

lynnxa

so there's no new law then & it seems that since the letter writer says they were on an open terrace he was wrong?

jimenato

Well he doesn't actually say open terrace but 'outside area'. I agree with Fred that some outside areas are prohibited but that has always been the case. The writer mentions several times 'new law' but as far as I'm aware there isn't one.

lynnxa

I really don't think there is one - no amount of googling comes up with anything but the original - perhaps locally the police are clamping down on those who allow smoking in enclosed 'outdoor' terraces?

my local WOK chinese doesn't (or didn't last time I looked) allow smoking on their outdoor terrace if they have the 'roof' pulled across - despite the fact that it only has one wall (the building) & 2 walls which only reach knee level

Fred James

He's sort of right.

The original law came into effect in 2006 but no one took much notice. That was the one where you could choose what sort of place you were and install smoking areas within the restaurant.

The "new" law came into effect in January last year and it is much stricter.

lynnxa

January last year......................not this year

jimenato

Well if he means that law (I suppose he might) then he's still wrong about "smoking is banned in any part of a restaurant/bar." As long as there's nothing new since then (Jan 2011) I'm happy.

HBG

What I've noticed in my area to the south of Alicante is that the British owners interpret the smoking laws strictly, while the Spanish owners tend to be more circumspect and look for dubious loopholes, like only one wall being open while still allowing smoking.

It doesn't only apply to smoking, the Spanish people tend to allow dogs in eating areas too, which I must admit, even as a dog lover, puts me off when a dog pisses against the table legs while I'm eating.

I do, or course have a choice to get away from smokers and pissing dogs, I can go to one that doesn't allow either, but I'm not happy with being the only customer either.

jimenato

Everyone is pretty careful here - Spanish and Brit bars (there's only one) alike. I did catch someone smoking very near the back door of a bar the other day - he could see the street door and could have scooted out to the terrace if anyone came in.

It has just got to the time when we can open up our terrace roof - so we can allow smoking out there.

Strangely my experience with dogs is different here - one Spanish bar and the only Brit bar allows dogs - none of the other Spanish ones do. We keep them out of the main eating area though...