Smoking at bars with terraces

[Campo Steve]

An interesting discussion has developed on another site about smoking on terraces at bars and restaurants. Many bars and restaurants developed terraces for the smokers when they were banned from smoking inside and erected weather protection. Now that the weather is cold many of the bars are closing the plastic blinds. It has been mentioned that quite a terrace culture has developed in Malaga. But, at what point, when the blinds are closed to keep the wind etc out, do these terraces become non-smoking areas? I believe the law mentions number of walls, but what is a wall? Is a plastic blind classed as a wall?

[El Cid]

Yes, anything that is between the terrace and outside is a wall so smoking is not allowed. It's a question of adequate air circulation to get rid of the smoke and plastic is as effective as a brick wall in this case.

That said I doubt that anyone will complain as the smokers and the non smokers are separated.

Sid

[Campo Steve]

Thanks Sid. Unfortunately the discussion arose because of a restaurant in Torre del Mar that apparently only has one small table inside, several outside. It means smokers can't use that restaurant in the winter as the plastic blinds are closed to keep the wind out. A shame as the food is apparently good.

[gus-lopez]

If the plastic curtains do not attach to the wall of the building they do not count. All outside areas up here that were enclosed for weather protection for smoking, are smoking areas. Additionally if the plastic sides are raised from the floor then they are not classed as a wall.
Even the newly built McDonalds has the smoking area outside the main & only entrance, Which can only be accessed through the childrens play area, & where smoking is totally banned . Work that one out.

[Campo Steve]

Interesting Gus-Lopez. Is that national law or a local interpretation? (Not the McDonalds bit?)

[scotty]

An interesting discussion has developed on another site about smoking on terraces at bars and restaurants.

What ? There's another site ?

[gus-lopez]

It is the national law. Plastic sides where included as 'walls' but only if attached . They cannot be a continuation of the existing building 'wall' if they do not touch the floor nor if they are not attached to the original building. Additionally you can have all 3 sides enclosed & physically attached to the building but if the roof is rolled back then it is an open area.

[infoseeker]

I inquired about this to the local council in Mazarron about the bars on Camposol, some of which have totally closed in canopies ;they said at least 2 sides of the outside area had to be open.
What is the point of the the no smoking in restaurants etc if they have created another enclosed area, with all the sides down, through which the people have to walk to get to the inside no smoking area? It's unpleasant and the smoke filters through.
I cannot understand how bars can get away with using loopholes eg whether the sides are attached to the wall or not. At the end of the day, these owners have created another enclosed area, which, by law does NOT allow smoking.

[Campo Steve]

I cannot understand how bars can get away with using loopholes eg whether the sides are attached to the wall or not. At the end of the day, these owners have created another enclosed area, which, by law does NOT allow smoking.

Rather a contradiction there, infoseeker! You say the bar owners are using a loophole. That means they aren't breaking the law but you then go on to say the law does NOT allow smoking. If there is a loophole then the law DOES allow smoking. Can't have it both ways.

[infoseeker]

There is obviously a need for clarification on this rule, as it is being abused, and any loopholes should be stopped.Clients should not have to endure a smoke filled"tent" when passing through, and staff should not be put at risk by working in a smokey atmosphere. The NO Smoking law was brought in for a reason!

[Mowser]

Good for the bars I say.

[Campo Steve]

Infoseeker. Is it the loopholes that are driving you back to the UK? Pubs and restaurants in UK seem to find less loopholes for smoking so you'll be fine!

[infoseeker]

It's not the reason, but I shan't miss miss the smokers.I do feel sorry for those addicts who can't even go out for a meal without stopping to puff.

[infoseeker]

It's not the reason, but I shan't miss miss the smokers.I do feel sorry for those addicts who can't even go out for a meal without stopping to puff.

[Mowser]

infoseeker

If a bar offended me in any way I would either stop going there or take the issue up with the owner.
Moaning on a forum won't stop smokers enjoying a puff.

[infoseeker]

You can imagine the response of the owner- complaining would be futile.
The no smoking law was brought in for a reason.No one should have to avoid a place because it is breaking the law. A fine would set a precedent- bet you'd see the sides roll up then!