Sitting on a terrace to drink a coffee or share a meal is a pleasure that many people enjoy, but the presence of smokers can sometimes raise questions. Can you really smoke on a terrace in France? The answer isn’t quite so obvious, since legislation governing smoking in outdoor restaurant areas is governed by very specific rules.
Since the introduction of the Evin law, smoking has been strictly forbidden in enclosed and covered areas open to the public. However, some terraces still allow smoking under certain conditions. This legal grey area sometimes gives rise to tensions between smokers and non-smokers, particularly when establishments fail to clearly state their policy on the matter. So, what does French law really say about smoking on terraces, and how might these regulations evolve in the years to come?
What does French law say about smoking on restaurant terraces?
The Évin law, passed in 1991 and reinforced in 2008, strictly regulates smoking in public places to limit exposure to passive smoking. While the law formally prohibits smoking in enclosed public places, not all restaurant terraces are affected in the same way.
By law, smoking is prohibited on a terrace that is totally or partially covered and closed on several sides, as it is considered an indoor space. On the other hand, a terrace that is open on at least one side andsufficiently ventilated is considered an outdoor space, where smoking is tolerated. This distinction can sometimes lead to confusion, particularly when establishments add removable walls or outdoor heaters that alter the ventilation of the space.
Restaurant owners therefore have clear responsibilities. They must ensure that their customers comply with this legislation, and that no cigarettes are consumed on a terrace that does not meet outdoor space criteria. In the event of infringement, both customers and restaurateurs risk fines, and the establishment may be subject to administrative sanctions in the event of repeated non-compliance.
Legislative developments and the impact of European decisions
The issue of smoking on terraces is not confined to France alone. Numerous discussions are underway within the European Commission to harmonize rules on tobacco consumption in bars, cafés and catering outlets. A number of directives aim to provide a better framework for theapplication of laws, taking into account developments in public health and expert recommendations.
Recent legislation has addressed the need to review the areas reserved for smokers in certain public spaces, envisaging stricter regulations to avoid confusion. A decree could soon be put in place to prohibit smoking in areas where smoke remains concentrated, even outdoors. This new legislative approach would reinforce existing measures and guarantee greater protection for non-smokers.
Can you smoke on a restaurant terrace? What you need to know
While the law provides a clear framework for distinguishing between smoking and non-smoking areas, the reality in the field is sometimes more nuanced. Some establishments choose to tolerate smoking on partially covered terraces, playing on a more flexible interpretation of the law. Others, on the other hand, adopt a zero-tobacco policy, even outdoors, to satisfy a clientele that is more sensitive to smoke.
Non-smokers have the right to ask to be seated away from smokers, and some establishments organize their areas to meet these expectations. However, there is no legal obligation for a restaurant to separate smoking and non-smoking customers on an outdoor terrace. When a dispute arises, the restaurateur is free to decide his or her policy and intervene to calm the situation.
Advertising and communication around smoking areas
Regulations on advertising around smoking areas are also being tightened. Restaurants and bars must clearly indicate whether their terraces are accessible to smokers, without promoting the practice. The authorities ensure that information is transparent and non-intimidating, in line with the public health principles upheld by national and European institutions.
Theapplication of rules sometimes varies from one establishment to another, creating confusion for customers. Awareness campaigns could be set up to standardize signage and give customers a better understanding of where smoking is allowed and where it is not.
Evolving legislation: towards a total ban on terraces?
Smoking bans at work and their impact
Since the introduction of the Évin law, smoking bans have not been confined to restaurants and cafés, but also to business premises. Since 2007, smoking has been strictly prohibited in enclosed and covered workplaces, including shared offices and common areas. This measure was adopted to protect employees from passive smoking and to encourage a reduction in tobacco consumption.
Far from being a simple restriction, the ban has had a significant impact. Many smokers have reduced their consumption, due to the lack of opportunities to smoke during the day. Some have even decided to quit altogether, finding fewer opportunities to smoke in their work environment. Studies show that reducing access to cigarettes makes a major contribution to smoking cessation. So, not only has the Évin law protected non-smokers, it has also prompted many smokers to reconsider their addiction.
Today, as new restrictions on smoking are being considered for restaurant terraces and outdoor areas, the question arises: could a total ban on smoking in these public places have the same effect as that introduced in businesses? If legislators follow this logic, it is highly likely that new restrictive measures will be adopted, further limiting the places where smoking is possible.
The question of a total ban on smoking in outdoor cafés is regularly debated in France. Some elected representatives and anti-smoking associations advocate tighter restrictions, to further protect non-smokers from the harmful effects of passive smoke. Several European cities have already taken the step of banning smoking in all outdoor restaurant areas, and France could follow suit in the years to come.
Arguments in favor of a total ban are based on studies showing that even outdoors, toxic particles from cigarette smoke remain in suspension and can be inhaled by non-smokers. This involuntary exposure fuels the desire for stricter legislation on the issue. Opponents, on the other hand, feel that a general ban would infringe on individual freedoms and harm restaurant owners, who see smoking terraces as an asset in attracting a certain clientele.
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Smoking on a terrace, a limited pleasure that prompts you to stop
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French legislation on smoking on terraces reflects a growing desire to reduce exposure to passive smoking and encourage smoking cessation. While some terraces still allow smoking today, changing regulations point to a future in which these areas could be completely smoke-free.
At the same time, smoking bans in workplaces and other public spaces have already proved effective in reducing tobacco consumption and prompting some smokers to begin the process of quitting. It is therefore legitimate to think that the new restrictions on terraces could have a similar effect, by further limiting smoking opportunities.
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