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Smoking ban The Court of Cassation recently clarified the ban on smoking on the closed terraces of cafes. In a judgment of June 13, 2013, the Court pointed out that smoking is strictly prohibited on café terraces closed on the sides, the facade and the roof, even if partial ventilation measures are in place .
Smoking ban on closed café terraces: clarification from the Court
The judgment of the Court of Cassation of June 13, 2013 provided important clarifications concerning the ban on smoking on the closed terraces of cafés. The following sections summarize the main aspects of the decision:
Definition of a closed terrace and no smoking: –
The court’s interpretation of an enclosed patio is crucial in determining the applicability of smoking restrictions. According to the Court of Cassation, a terrace must meet specific criteria to be considered open. These criteria include:
A. Absence of roof and awning: For a terrace to be classified as open, it must not have a roof or awning. The complete absence of these structures is necessary to ensure free circulation of air and avoid the accumulation of smoke.
b. Fully open front facade: If a terrace has a roof or awning, the front facade must be completely open. This means that there must be no barriers or obstacles that impede the free circulation of air and the dispersion of smoke.
Physical separation and non-extension of the interior: –
The circular issued by the Ministry of Health insists more on the need for a physical separation between the terrace and the interior of the establishment. The following points are highlighted:
A. Terrace as a separate space: The terrace must be physically separated from the interior of the café or restaurant. It should not be considered as a simple extension of the establishment without any clear partition or separation.
b. Compliance with Health Guidelines: Establishments operating outdoor cafes must adhere to the guidelines set out in the circular to ensure compliance with smoking regulations and create a healthy environment for customers and non-smokers.
Understanding these rules and guidelines is crucial for cafe and restaurant owners, as they determine the scope of the smoking ban on enclosed patios. By adhering to these regulations, businesses can prioritize the well-being of their customers and contribute to a smoke-free environment. It is advisable to seek legal advice and stay informed of any updates to tobacco control regulations to ensure compliance and avoid legal consequences.