Drinking, smoking and sex on Benidorm’s beaches: What’s legal and what’s not?

If you’re heading to Benidorm this summer, you may come across viral warnings from British TikToker Frank the Stagman. In one of his popular videos, Frank claims you can be fined for drinking, smoking, vaping or buying cocktails on the beach. But how much truth is there in all this? And to what extent does Frank’s version match up with Spanish law?

We’ve cross-checked his claims with local municipal by-laws and regional legislation to clarify what really is – and isn’t – allowed on Benidorm’s beaches. Here’s a practical guide to what you can and can’t do, according to official sources.

What’s allowed in Benidorm (with a few caveats)?

• Drinking alcohol on the beach: Frank says it’s banned, but that’s not entirely accurate. What carries a €300 fine is unauthorised street vending, not private consumption. However, if you buy from illegal vendors (like homemade cocktail sellers), you can still be fined for encouraging an unauthorised activity.
• Smoking and vaping: Unlike other beaches in the Marina Baixa region, Benidorm hasn’t fully banned smoking. It’s only restricted in three accessible areas (two on Poniente Beach and one on Levante). So, for now, smoking or vaping is still legal on most of the coast – though Benidorm may soon join the Generalitat Valenciana’s smoke-free beach network.
• Being on the beach at night: Despite rumours, there’s no blanket ban on staying at the beach between midnight and 7am. What is punishable (with a €751 fine) is obstructing cleaning services if you’re asked to move and refuse.
• Playing ball games or paddle games: This is allowed as long as you don’t disturb other beachgoers. It only becomes an offence (carrying a €120 fine) if it interferes with others’ enjoyment.

What really is banned (and the cost of breaking the rules)

Is Benidorm really the most restrictive beach in Spain?

British tabloids like The Mirror have claimed that “Benidorm is the most restrictive beach in Spain”, but local tourism authorities disagree. “All councils regulate the same thing: coexistence and safety. We don’t fine for the sake of it – it’s to ensure everyone can enjoy the beach,” they explain.

In fact, while nearby towns like La Vila Joiosa, Altea or L’Alfàs del Pi already ban smoking outright on their beaches, Benidorm still applies more relaxed policies.

Frank isn’t entirely wrong: some fines do exist, especially around illegal sellers or behaviour that disturbs the public. But if you’re heading to Benidorm this summer, your best bet is to follow common-sense rules: respect others, keep things clean and you’ll be all right.

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