Is it legal? – Smoking on the beach

It is always freeing to catch the fresh air by the sea but many beach-goers have been complaining about tobacco users invading their space.

When is it acceptable to smoke on the beach?

The law of Spain 22/1988 states that every locality has the power to establish and approve its regulations for the local beach, and Spain has been divided about this controversial subject. 

Spain’s Ministry of Health is currently developing a Comprehensive Plan for the Prevention and Control of Smoking, which will include tax measures to make tobacco more expensive. Many smokers are concerned that this plan will include smoking bans on the beach. 

At the moment, the Balearic Islands hold 28 smoke-free beaches, while Andalusia has this prohibition on 53 beaches. The Canary Islands have 61 beaches where smoking is illegal and the Valencian Community has 72. 

Costa Blanca has 25 per cent of its beaches banned from smoking, with ranging fines, which can rise to €2,000. 

As Benidorm holds one of the highest tourism rates in the region, smoking on the beach has now been prohibited, with fines ranging from €750 and up, including electronic cigarettes.

It is also prohibited on the beaches of Villajoyosa, El Campello, Elche, and Denia´s Playa Marge Roig, while the rest of the municipalities currently have no smoking bans.

It has been argued that smoking on the beach affects not only smokers but everyone around them, increasing the rate of passive smoking. 

The Spanish population has 22 per cent of smokers, so the majority of the beach visitors end up being affected by second-hand smoke.

Another argument that has been made is that cigarette buts are a form of litter which harms animals and the marine environment. Cigarettes are not biodegradable and take many years to decompose. 

According to Neoenergia (Spanish – Brazilian electricity fond), cigarette remains have been found in 70 per cent of seabirds, hence reducing smoke on the beaches would help to preserve Spanish wildlife. 

The discussion about future regulations continues and many smokers urge the authorities to ensure the placement of no-smoking signs on the beaches when establishing new regulations to avoid further conflict.