In the coming weeks, the Draft Law on the Prevention of Consumption of alcohol and its effects on minors. Subsequently, it will pass through the Congress of Deputies for approval. The norm, initially – … And as the name implies – it intends to reduce the presence of alcohol among young people. However, the final result seems to have another approach and “is not operational”, as explained by the hospitality of Spain, the great sector organization of restaurants, bars, coffee shops and pubs.
The law has a strong economic impact for a sector that, as they lament, has not been able to have any type of interlocution with the Ministry of Health, which is responsible for preparing the norm. They have only exposed their opinions about it in the public consultation. Nothing else.
The two most controversial articles for the hotel sector, and that are directly related to alcohol producers (beer, came and distilled) They are 25 and 26. They deal with limitations in commercial advertising and communication, and the limitations of site, dissemination and distribution of alcoholic beverages.
Specifically, says the norm, «Advertising of alcoholic beverages is prohibited, including the commercial name, symbols or trademarks of companies on public roadsor in visible places from the same. However, advertising limited to the commercial name, social denomination and brands or identification symbols of the producing companies in a perimeter that you gave from 200 meters from the accesses to areas frequented by minors such as Primary Education Centers in Primary Education Centers , mandatory secondary, professional training, special teachings and high school, health centers, social and socio -health services, parks and children’s leisure places ».
As explained from Hospitality of Spain, it is estimated that there are right -hander plans to the sector that in 2023 supposed 600 million euros of investment in furniture in the hospitality that “allows owners of bars and restaurants to face the assembly of the terrace with adequate furniture and keep it in good condition, while contributing to the harmony of the urban landscape.” Although there is that perimeter of 200 meters, the conditions cause many affected to be denounced.
This situation, clarify the sources consulted, is “a disproportionate measure.” Currently, these locations are discreet, and are usually located in small spaces. In addition, they conclude that in most cases it is not about direct claims for alcohol consumption, and less with the objective of minors.
Another problem of the norm, and which will later mean a conflict in parliamentary process, is the Interference of competencies which is carried out against the different regional laws in this matter. Taking into account parliamentary arithmetic, within the hotel sector they believe that different political groups could have other sensibilities in the vote.
From Hospitality of Spain they insist that the norm “deserves a review, and for this it is still on time.” Apart from that direct economic impact, there are measures that do not understand, such as that there can be no signage of without alcohol, or 0.0%typology, when it comes to products that do not carry alcohol.
A necessary law?
Sources from the alcoholic beverage sector point to ABC that the law draws an excessive reality against consumption in general, and far from the figures that are handled with respect to minors.
The Ministry of Health itself has consumption data that reflects a downward trend, therefore, they do not understand that the law is so direct against the formulas that the hospitality of economic development has, in this case of advertising investment. In addition, the positive factors are not taken into account, in this monetary aspect, which companies leave in the different regions.
Regarding public criticism to the norm, in the report made by the CNMC in this regard, he said that “without questioning the reasonableness of the measure, since the specific distance (200 meters) is not justified in terms of the radius of distance from the distance of the Advertising format of schools, it would be recommended to justify the choice made. It should be borne in mind that, for example, in terms of tobacco or playgrounds, it is established that its location (not the advertising of said activity) must be at a distance not less than 150 meters from any teaching center (in the case of the playing premises even at more distance in some autonomous communities) ».
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