Smoking

The Tobacco Act sets out measures to curb tobacco use and protect non-smokers from passive smoking. It gives everyone the right to work in a smoke-free environment. Smoking is now banned in most pubs, clubs and restaurants, although small bars run by self-employed people with no employees are exempt from the ban.

The government wants to discourage smoking. In 2011, 24% of the population(aged 15 and over) smoke. The Ministry of Health, Welfare and Sport pursues an anti-smoking policy.

Anti-smoking policy

The aim of anti-smoking policy is to:

  • reduce the percentage of smokers in the Netherlands;
  • help people who wish to give up smoking;
  • protect non-smokers from tobacco smoke;
  • prevent young people from taking up smoking.

Under the Tobacco Act, the government may introduce rules to curb tobacco use.

Protection from passive smoking

Passive smoking kills several hundred people in the Netherlands every year in the form of lung cancer, and thousands in the form of heart disease. Laws have therefore been put in place to protect non-smokers from the smoke of others, with a right to a smoke-free working environment, for example. Since 2008 a smoking ban has been in force in most pubs, clubs and restaurants.

Smoke-free working environment

The right to a smoke-free working environment under the Tobacco Act has been in force since 2004. Employers must ensure that staff can do their work without hindrance or nuisance from tobacco smoke. The ban means that smoking is not permitted on company premises and in institutions, except in separate designated smoking areas.

The smoke-free working environment is now commonplace in the Netherlands. 95% of companies say they are implementing the rules in the Tobacco Act. 82% of staff rate the introduction and enforcement of the smoke-free working environment as reasonable to very reasonable. These figures are taken from a 2008 survey by the Food and Consumer Product Safety Authority (VWA).

Smoking ban in pubs, clubs and restaurants

The smoking ban in pubs, clubs and restaurants was introduced to enable staff to exercise their right to work in a smoke-free environment. It is also designed to protect people in public spaces from passive smoking. The Rutte government has introduced an exemption for self-employed entrepreneurs with no staff whose premises aresmaller than 70m2.

Exemption for small pubs

The smoking ban in pubs, clubs and restaurants was introduced in 2008. Owners of small one-man businesses objected to the ban because they were unable to create a separate smoking area. The Rutte government therefore decided to introduce an exemption for these establishments.

Who qualifies for the exemption?

To qualify for an exemption from the smoking ban, a pub must meet the following criteria:

  • the owner must have no more than one pub;
  • the floor area of the establishment must be less than 70 m2;
  • no staff;
  • the establishment must predominantly sell alcoholic drinks.

The smoking ban remains in force in other parts of the hospitality industry, such as restaurants, pubs with staff, pubs larger than 70 m2, clubs and sports club canteens.

Higher fines for non-compliance

The fines for non-compliance with the smoking ban in the hospitality industry have been raised sharply, because the previous fines proved inadequate as a deterrent – the smoking ban was sometimes openly flouted.

New fines:

  • 1st offence: € 600;
  • 2nd offence: € 1,200;
  • 3rd offence: € 2,400;
  • 4th offence: € 4,500.

Young people and smoking

Although 80% of youngsters know that smoking is harmful, many are tempted to try it sooner or later. Almost 90% of adult smokers and ex-smokers smoked their first cigarette before they were 18.

The government has therefore introduced a ban on selling cigarettes and other tobacco products to young people under the age of 16. It also seeks to change young people’s attitude to smoking.

The Ministry of Health, Welfare and Sport is providing learning packages for schools and online programmes and interventions aimed at young people, to ensure they are well-informed and can stand up to pressure to smoke.