A smoking ban is still being widely flouted in small pubs in the Netherlands. However, figures commissioned by the Food and Consumer Product Safety Authority indicate that the ban is generally being observed in other catering establishments, such as restaurants and hotels.
The survey revealed that the ashtrays are back on the tables in 42 percent of pubs run and manned by a single landlord.
This is not particularly surprising as Health Minister Ab Klink decided not to carry out checks on small pubs or prosecute landlords following two court rulings last summer that the law was unclear. The court ruled that the law only stipulated that publicans are obliged to protect the health of their staff. Before the ruling, only 15 percent of small pubs were found to be flouting the ban.
In 69 percent of pubs, restaurants and hotels, guests smoke outside. Many pubs have built special facilities to make this possible. One in ten pubs have a separate smoking room, while 8 percent of hotels have.
A number of landlords of small pubs fought court cases after they were repeatedly caught allowing smoking on their premises. Many pubs even had collection boxes so that punters could contribute to the fines of up to 1200 euros.
The minister decided to stop checks on small pubs until he had the opportunity to tighten up legislation. He also conceded that pubs with good ventilation systems could allow smoking on the premises.
A smoking ban in pubs was introduced in the Netherlands in July 2008. Many European countries have introduced smoking bans in pubs and restaurants.


















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