Smoking is banned in spaces accessible to the general public or communal use whether private or publically owned. For example areas in bars, restaurants or airports where smoking has been allowed up to now.
Smoking is permitted in prisons, psychiatric centres for medium and long term detention, pensioner’s homes and centres for the disabled, universities or adult education centres but only in separate areas created either inside or outside buildings. This is allowed because generally people in these places do not have the opportunity to leave the facilities to smoke.
Smoking in bars and restaurants is controlled by the owners and employees of these establishments. They are also responsible for displaying posters informing the public that smoking is not permitted.
If someone smokes where it is not permitted fines will be made on the person who smokes, or in the case of a juvenile, their parent or legal guardian.
If someone smokes in a bar the bar owner will also face a fine as they are seen as responsible for allowing smoking on the premises. A fine may also be imposed if the owner has not informed customers that smoking is not permitted.
Cost of the fines depend on the severity of the infraction. Fines for minor infraction range from 30 to 600 Euros, a serious infraction from 601 to 10,000 Euros and a very serious infraction from 10,001 to 600,000 Euros. In deciding the fine they will take into account the general risk to health, the offender’s financial means, the social repercussion, the benefit to the offender brought about by their behaviour and any previous record they may have of failing to comply with the law.
If you are caught for the first time it will be considered a minor offence and a fine of 30 Euros will be imposed but three minor offences will be considered a serious offence.
If you smoke in a bar the owner or any of the employees can throw you out. The police can also do so if the smoker refuses to leave.
You can smoke at the door to a bar as long as the door is physically outside the bar. However you cannot smoke within 50 metres of a hospital.
Anyone can report someone who smokes in an area where it is not permitted and the procedure is the same as breaking any other law. Call the police and specify where the infringement is taking place.
Smoking is permitted in public parks but not areas which are used as play areas by children.
If you own a bar you cannot smoke in your office.
You can smoke with children in your car as this is a private area. However the Basque Country is preparing to ban smoking in cars if children are present.
Smoking is not banned in private smoking clubs. These must be legal, non-profit making and must not include the sale of any goods or supplies.
Wed Dec 28, 2022 11:33 pm by Ambl3r
Subject: Smoking Law Facts 
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