Spain to breathalyse at schools and ban alcohol branding to stem underage drinking


The Spanish government this week moved forward with draft legislation aimed at restricting access to alcohol among children and teenagers, as well as cracking down on alcohol advertising and public drinking more generally.

The Spanish government has approved a new draft law aimed at protecting children and teenagers from alcohol consumption, as well as extending rules on where alcohol can be consumed and advertised among the wider drinking age population.

The Ministry of Health’s proposals try to bring together a myriad of different pre-existing regulations and aims to standardise those already applied by regional authorities and local councils. 

READ ALSO: Why Spaniards’ habit of drinking alcohol every day is surprisingly healthy

Health Minister Mónica García explained in a press conference on Tuesday that the purpose of the law is to prevent underage drinking and protect children from the effects of alcohol, as well as creating safe and healthy environments for children and teenagers in order to promote healthy habits. 

“The scientific evidence is clear: there is no safe amount of alcohol of any kind that does not have a negative impact on health. Drinking alcohol in moderation does not provide any health benefits,” García said.

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        <span style="font-weight: 400;">Data from the latest National Survey on Drug Use in Secondary Education in Spain (Estudes) reveals that alcohol is the most widely consumed psychoactive substance among teenagers aged 14-18. In Spain, three out of four teenagers aged 14-18 have drunk alcohol in the past year and just over half have in the last month. </span>

García emphasised that 93 percent of respondents also reported that, despite the existing legal restrictions, access to alcohol in Spanish supermarkets, shops and bars is still very easy.

As such, if passed, the new law introduces a number of new rules on alcohol consumption, advertising and sales. Alcohol will be banned for all, including adults, in educational centres (excluding universities) as well as in child protection and student residences that admit minors and sports, leisure or public entertainment venues when there are children’s events.

In places where drinking is banned, there can be no alcohol advertising or in other places children commonly go to, such as health centres, parks and children’s leisure facilities.

This includes hospitality furniture, such as chairs, tables, awnings, parasols, napkin holders or any other item that promote alcohol brands. Many bars in Spain have these alcohol-branded chairs and tables on their terraces which they get for free from breweries and distilleries after they sign agreement to buy their drinks on a regular basis. Establishments that already have these sponsored fixtures will be allowed to keep them, even if they’re close to schools. 

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        <span style="font-weight: 400;">There’s also a ban on any form of advertising, direct or otherwise, for products that simulate alcohol consumption or use the voices or images of people under 21 years old, of adults characterised as minors, pregnant women or real or fictional characters that are particularly known or relevant to children and teenagers.</span>

It also makes it compulsory to install age verification mechanisms in vending machines that sell alcohol, and police will now be able to carry out breathalyser tests on minors and adults in places where alcohol consumption is banned, such as schools.

The draft text also outlined a new sanctions regime to enforce the new rules, with minor offences punishable by fines of between 60-600.

Serious offences will be sanctioned with fines of between 600 and 30,000, with the possibility of temporary suspension of activity or temporary closure for the establishment or business for a period of up to three years. 

Very serious offences will be punishable by fines of between 30,001 and 600,000 and temporary closure, total or partial, of the establishment for a period of up to five years. Government could also ban access to public aid or tax or social security benefits for a period of up to five years as an additional punishment.

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