Spain: Spain proposes breathalyzer tests for adults and minors in places where drinking is banned
Health department proposes to end beer advertising within 200 meters of schools and parks
By Celeste López
July 30, 2024
First proposal for a law on alcohol and minors, a rule that has been going in and out of the drawers of successive ministers since 2001, the year it was first announced. The Minister of Health, Mónica García, has presented to the Council of Ministers the draft law that establishes a comprehensive framework to protect the health of minors and “promote responsible alcohol consumption in society,” García points out.
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The preliminary draft, which still has a long way to go for its final approval in the Council of Ministers and its arrival at Parliament, incorporates the recommendations of the ‘Minors without alcohol’ Panel from the Joint Committee of the Congress-Senate for the Study of the Drug Problem and unifies the multitude of regional and local regulations on this matter.
For now, make it clear where alcohol consumption will be prohibited: in educational centers for early childhood, primary, compulsory secondary, sixth form, vocational training, and special education; in child protection centers and student residences that admit individuals. It will also not be allowed in sports centers, recreational facilities, or spaces dedicated to public shows when there are sessions specifically designed for minors. This includes playgrounds.
In the case of an adult party, even if there are minors present, one could consume, for example, a beer
Just a clarification, the ban in sports centers includes the provision of “sessions expressly aimed at minors,” so in the case of an adult match, even if there are minors present, beer consumption would be allowed, for example, according to sources from the Health Department.
And in these areas, the police may conduct breathalyzer tests, using non-invasive methods such as the breathalyzer, on both adults and minors. If a minor tests positive, the fine may be suspended in exchange for participation in preventive awareness or rehabilitation programs, depending on each case.
In addition to the ban on alcohol consumption in certain places, advertising will also not be allowed. Advertising will be permitted within a perimeter that is 200 linear meters away from entrances to areas frequented by minors.
Vending machines for alcoholic beverages will require “mechanisms to prevent their acquisition by minors”
Health authorities propose, in addition to banning unlicensed street vending, that vending machines for alcoholic beverages will require “effective technical mechanisms, with direct surveillance and custody, to prevent their purchase by minors,” according to Health sources. Furthermore, they cannot be installed in public spaces or in areas where the sale or consumption of alcoholic beverages is prohibited.
And what about advertising? “Any form of direct, indirect, or covert advertising of alcoholic beverages or products that simulate being an alcoholic beverage, including the trade name, company name, symbols, or trademarks of the individuals or companies producing such beverages, targeted at individuals under legal drinking age is prohibited,” the text states. It does not differentiate between alcohol levels, thus including beverages with lower alcohol content, such as beer and wine.
Terms such as “responsible consumption” or “moderate” cannot be used
In addition, in advertising or commercial communications, the image or voice of individuals under 21 years of age cannot be used; adults when presented as characters or disguised as minors; individuals or characters, whether real or fictional, whose public relevance or popularity is linked to the younger population; and pregnant women, even if they have given their consent, or the image of a fetus.
Regarding language, terms such as “responsible consumption” or “moderate” should not be used as they can easily confuse minors.
The draft bill includes measures in the educational and family sphere (additional training) as well as in healthcare, with the development of protocols to detect alcohol consumption in minors, including records of alcohol intake in medical history, considering the family context of minors with addiction problems, and promoting health education activities in healthcare, educational, and protective centers. It also aims to facilitate access to treatment for those presenting problematic consumption or addiction.