Court in the Netherlands Bans Smoking Sections in Bars and Bistros

A Dutch court on Tuesday ruled in a second-instance decision to ban smoking sections in bars and bistros in the country, where smoking was allowed in 25 percent of such establishments. More than a decade after the World Health Organization (WHO) recommendations on banning smoking in enclosed public places, smaller bistros still had enclosed areas where smoking was permitted, based on a legal exception.

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The court in The Hague determined that such areas are “in conflict” with the WHO Framework Convention on Tobacco Control (CCLAT), which came into force in 2005 and was signed by the Netherlands.

– Laws on combating smoking addiction apply to areas designated for smokers, the court ruled, adding that the exception to the law “is not valid”.

The anti-smoking association that filed the appeal had in mind bars smaller than 70 square meters where the owner is also the only employee. Such bars are no longer allowed to have enclosed smoking areas. The association “Clean Air for the Netherlands” that appealed the 2016 ruling stated that it is “happy and satisfied” with the decision, adding that its mission is to fight for a smoke-free society.

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It is still unknown when the court’s decision will take effect as another appeal is expected, Dutch media report. The court also rejected the association’s request for the ban to apply to all enclosed public spaces designated for smokers.