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· Netherlands

Legal loophole sees hundreds of Dutch cafes escape smoking ban 

BMJ 2009;339:b2824, doi: 10.1136/bmj.b2824 (Published 13 July 2009)
Jump to full article: British Medical Journal, 2009-07-14
Author: Tony Sheldon

Intro:

The smoking ban in Dutch cafes and restaurants has been partially suspended after a second appeal court ruled that the law does not apply to small cafes that do not employ staff.

Consequently, the health minister Ab Klink has temporarily halted enforcement of the smoking ban on possibly thousands of these smaller cafes run by their owners alone. Checks and fines imposed by the Food and Consumer Product Safety Authority will cease until the law is changed, in what is seen as a public health "disaster."

The law remains in force for larger cafes that employ staff.

Mr Klink plans to amend the law, to remove any "lack of clarity" and to create a completely smoke-free hospitality industry "without exceptions." But this must first go before parliament and so cannot come into force until the third week in September.

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