No trace of alcohol when there are minors nearby: the keys to the new law

MadridThe Cabinet on Tuesday approved sending to Congress the bill on the prevention of alcohol consumption and its effects on minors. The text, which will now have to receive the approval of a majority of the parliamentary groups in the Lower House, imposes a series of restrictions with the aim of delaying the age of initiation of alcohol consumption – the average is 14 years – and reducing episodes of intensive consumption among young people. According to the latest state survey on drug use in secondary education, 56% of minors between 14 and 18 years had consumed alcohol in the last month and a third had drunk more than five drinks in less than two hours. The Minister of Health, Mónica García, welcomed the publication of a "pioneering" and "comprehensive" legislation to address this "worrying" situation. At a press conference, García said that she hoped that the parliamentary process would be simple so that the law would be inspired by recommendations included in a report by Congress and the Senate approved unanimously.

Prohibition of consumption in schools or events for minors

No one, including adults, will be allowed to consume alcohol in spaces where "the presence of minors is the majority." That is, in educational centers - except universities - in centers for the protection of minors, in student residences that admit people under 18 years of age and in sports or leisure centers when there are sessions specifically designed for minors. The security forces will be able to carry out breathalyzer tests, both on adults and adolescents, in these spaces and events where the consumption of alcohol is prohibited.

Limitations on advertising

To prevent the spread of an image in which it is attractive for a minor to consume alcohol, the law limits its advertising. In commercial communications related to this type of product, neither the image nor the voice of minors under 21 years of age or of people who are older and are characterized as if they were minors may be used. Nor may real or fictional characters whose public relevance is linked to this sector of the population participate.

Advertisements may not use arguments, styles or designs associated with the culture of minors or link alcohol consumption to better physical, social or sexual performance. It is also prohibited to advertise drinks that have the appearance of being alcoholic – 0.0% spirits – in spaces intended for minors. Non-alcoholic beers and wines are excluded from the ban.

Urban planning and decoration restrictions in bars

Alcoholic beverage advertising on public roads may not be placed less than 150 metres from educational or health centres, social services, parks and children's leisure areas. This also includes the furniture in bars and restaurants – chairs, tables, awnings, napkins or umbrellas with the name of alcoholic beverage brands. However, establishments will not have to get rid of them if they already had them installed – but, when they renew them, they will not be able to use this type of advertising – and for those that open after the ban has been published, it will come into force one year after the regulation has been published in the BOE. Administrations may also limit the opening of new establishments selling alcohol near these spaces.

Control of sales

In establishments that are mainly dedicated to the sale of products for minors, alcoholic beverages or products that imitate them may not be sold. The display and access to these products in self-service establishments must be limited to a specific space separate from products related to minors. Vending machines will also be required to incorporate effective mechanisms to prevent minors from purchasing them and may not be installed in public places or in spaces where their consumption is prohibited.

Awareness and health measures

The law proposes developing health protocols to detect alcohol consumption in minors, carrying out a comprehensive assessment when a minor arrives at the emergency room with alcohol poisoning, and encouraging the inclusion of a record of consumption in the medical history. The inclusion of content to prevent consumption in schools and the implementation of programs for families will also be encouraged.