Smoking ban in restaurants and discos - control

Description

From 1 August 2010, smoking will be prohibited not only in public authorities, children's and youth facilities, cultural and leisure facilities and sports facilities, but also in beer, wine and festival tents and in the interior of all restaurants.

The catering establishments include

• all eating and drinking establishments, including travelling trade establishments,
• Discotheques,
• Cafés,
• Bars and
• comparable establishments.

In all restaurants, including discos and dance halls, no smoking areas may be set up for guests.

Controls:
The district inspectorates are responsible for checking whether the smoking ban is being observed. The type and frequency of inspections are not stipulated by law. As a rule, the employees of the district inspectorates carry out inspections on an ad hoc basis, for example in the event of complaints about the landlord or guests of a particular establishment.

Anyone who violates the smoking ban commits an administrative offence with a fine ranging from 5 to 1000 euros.

The smoking ban applies regardless of whether the restaurant requires a licence or not. No distinction is made according to the food or drink on offer, the size, the guest area or the number of seats.

Only in the case of a genuinely closed society that uses a separate room or the entire pub, for example for a family celebration, and where the public is therefore physically excluded, does the statutory smoking ban in pubs not apply.

Legal basis

Health Protection Act (GSG)