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· Netherlands

Court spares small Dutch cafe over smoking ban 

Jump to full article: Agence France Presse (AFP) (fr), 2009-04-03

Intro:

Dutch court on Friday rejected a bid by prosecutors to punish a small cafe for defying the smoking ban, arguing it was too small to be subject to the country's tough restrictions.

The Victoria cafe, in Breda, near the Belgian border, escaped prosecution demands for a 1,200-euro (1,600-dollar) fine and closure for a month, after the court decided the prosecution was unjustified. . . .

Several thousand small bars and cafes in the Netherlands united in late 2008 to flaunt the smoking ban and create a joint legal defense fund, arguing that they lacked the floorspace and money to erect separate smoking-only areas.

In its ruling, the court said it was likely that smokers would go to the bigger cafes that could afford separate smoking areas, which could lead to a big drop income for the smaller venues.

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