SHARE
COPY LINK
For members

SPANISH LAW

EXPLAINED: Spain’s new alcohol law to protect minors

Bans on drinking in some public places, crackdowns on advertising, tougher fines for selling to minors and even breathalyser tests; Spain's government has proposed some wide-ranging legislation to curb underage drinking.

EXPLAINED: Spain's new alcohol law to protect minors
Spain's plan to protect minors from alcohol and alcoholism. (Photo by JOSE LUIS ROCA / AFP)

Spain’s Council of Ministers recently moved forward with draft legislation aimed at curbing underage drinking in the country.

The legislation, the timetable for which is still unclear, contains various measures geared towards restricting the sale to and advertising of alcoholic beverages aimed at teenagers, backed up by fines and sanctions.

The bill also aims to improve awareness and education about alcohol among young people, delay the age at which Spanish children begin consuming alcohol, as well as encouraging healthier relationships with alcohol in Spanish society regardless of age.

According to the ESTUDES Secondary School Drug Survey, alcohol is the most widely consumed psychoactive substance among 14-18 year olds in Spain. In 2023 almost 76 percent admitted to having consumed alcoholic beverages at some time in their lives, 73.6 percent in the last year, and over half (56.6 percent) in the last month alone.

READ ALSO: Spaniards are the OECD’s third biggest consumers of cocaine and alcohol

When presenting the draft bill, Spain’s Health Minister Mónica García highlighted two key pillars of the legislation: firstly, “that there is no amount of alcohol that does not pose a risk, and even less so for minors”; and, secondly, “that early consumption has consequences for [the] development” of young people.

Though a series of fines and sanctions will likely be included in the law, the Minister stressed that this is not “punitive” legislation, but rather that it focuses on the wider “environment” in which children learn about and begin consuming alcohol, as well changing the culture so that alcohol is no longer “trivialised.”

In terms of the legal mechanics of the bill, García explained the draft text brings together “regulations that were scattered [around] and regulations that are already applied in different regions.”

Spanish media reports that the main focus of the law will be on regulating the sale, advertising and marketing of alcohol to minors. In this regard, the bill could build on similar legislation enacted by regional governments to curb the consumption of energy drinks among young people.

READ ALSO: Spain’s Galicia to ban minors from drinking energy drinks

Measures

Though the law is still at the draft stage, there are few interesting measures outlined in the text.

Tie-up regional rules

In order to make sure the legislation works within the Spanish legal system, the law will not only complement wider child protection law but also standardise alcohol and advertising legislation already in place at the regional level.

Improve existing legislation with health focus

The bill also seeks to improve the current regulations, which have proved “insufficient” so far, by “incorporating a public health and health determinants perspective, with the aim of developing a series of policies to effectively prevent the consumption of alcoholic beverages by minors,” García said when presenting the draft.

The educational sphere

The law also seeks to address alcohol prevention from the educational and family spheres, as well as to define the role of the health and social services sectors in challenging underage drinking in a coordinated way.

Promote healthy environments

The law will also promote healthy environments and encourage social and leisure alternatives free of alcohol, as well as encouraging society as a whole (ie. Spaniards of all ages) to play their part in preventing underage drinking.

Fines for selling to minors

For business owners caught selling alcohol to minors, infringements considered serious or very serious will be sanctioned with fines of €601-€30,000 (serious infringements) and €30,001 to €600,000 (very serious infringements).

This includes the sale of alcoholic beverages to minors, the purchase by adults on behalf of young people who have not reached the age of 18, and the incorrect location of shops (which must be more than 200 metres from schools).

Vending machine rules

Vending machines selling alcoholic drinks could be fitted with “effective technical mechanisms, with direct surveillance and custody, to prevent their purchase by minors.”

Fines for underage drinkers

The draft text also suggests that fines will be applied to underage drinkers caught with alcohol.

However, due to the progressive thrust of the bill, although there will be sanctions and fines minors will be able to opt for educational and awareness-raising programmes and courses instead.

Alcohol bans in certain places

If the draft text makes it into law, alcohol consumption will be banned in schools at nursery, primary, secondary, sixth-form or A-level centres (known as bachillerato in Spain), vocational training, and special educational level.

Sports centres and public recreational facilities that put on events or programmes for children, including playgrounds, will also ban alcohol consumption.

However the draft does mention “sessions expressly aimed at minors” which makes it unclear if this would include adult events in which children are present.

Breathalyser tests

In order to enforce the rules, police will be able to carry out breathalyser tests in specific places and circumstances where alcohol consumption is prohibited, on both adults and minors.

Advertising crackdown

The bill also includes some fairly stringent measures to crackdown on alcohol advertising towards children.

The display of and access to alcoholic beverages in self-service areas shall be limited to a space on the premises separate from products intended for minors. In establishments primarily selling products for underage people, alcoholic drinks and other products imitating alcoholic beverages may not be sold or displayed in the shop windows or inside.

Direct, indirect or disguised advertising of alcoholic beverages or products simulating an alcoholic beverage, including the trade name, company name, symbols or trademarks of the persons or companies producing such beverages, aimed at children, will be banned.

Advertising or commercial communications may not use the image or voice of people under 21 years of age; persons of legal age when they are characterised or disguised as minors; characters, real or fictional, whose public relevance or popularity is linked to the underage population; pregnant women, even if they have given their consent; or the image of a foetus.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

FOOD AND DRINK

OPINION: Why Spanish cakes and desserts aren’t among the best

Traditional Spanish baked goods and puddings just don't seem to be as good or as well-known as their European counterparts from France, Italy, the UK and Portugal, do you agree? Read on to discover the reasons why this might be.

OPINION: Why Spanish cakes and desserts aren't among the best

Spain is known throughout the world for its cuisine – olive-oil drizzled plates of tapas, fragrant seafood paellas and delicate Basque pintxos, so many people come here ready to be wowed by the cakes and desserts too.

Unfortunately, they sometimes leave disappointed by the sweet offerings here in Spain. Foreign British residents often complain about the standard of pastries and cakes compared to back home, while other foreign residents such as Swedes, French and Portuguese tend to set up their own bakeries or prefer to shop at those owned by their fellow countrymen.

Firstly, it’s not that Spanish cakes and puddings are bad, it’s simply that they are not as delectable as those found in some other European countries. They are not as famous either when compared with Italy’s tiramisu and gelato, England’s Bakewell tarts and hearty fruit cakes, Portugal’s pasteis de nata or Sweden’s cinnamon buns.

READ ALSO: Taste your way around Oviedo – Spain’s Capital of Gastronomy 2024 

Firstly, while Spain does have a lot of cakes and pastries there’s not much variety to them. For example, the Roscón de Reyes over Christmas, the Mona de Pascua at Easter and Catalan cocas eaten for Sant Joan are all essentially the same – sweet bread, perhaps with some candied fruit on top. Other traditional sweet bread include ensaimadas from Mallorca.

The Spanish Roscón de Reyes is typical Christmas dessert. Phtoo: Zarateman / Wikimedia Commons

Secondly, Spanish cuisine is celebrated for its simplicity – produce is the star of the show without much adulteration or mixing a lot of ingredients into one dish. Cakes are like that too – they don’t go in for elaborate cakes with lots of fillings and toppings like in the UK, they are simpler and often just filled with cream.

Cakes and pastries are usually quite plain in flavours too – you won’t often find Spanish coffee cakes, carrot cakes, lemon or ginger or the cardamom and cinnamon buns typical in northern Europe.

Usually, it’s just plain vanilla and maybe Nutella chocolate spread in some of the pastries. The exception of this is almond and aniseed, often used by nuns in their biscuits. But again, it’s not a very strong almond flavour like Italy’s amaretto cookies, it’s very subtle. Magdalenas, Spain’s version of a muffin, are again usually only found in one plain flavour – perhaps with a very subtle hint of lemon.

READ ALSO: 14 unusual foods you won’t believe are eaten in Spain 

It may seem odd because Spain has a lot of really good fruit, nuts and other produce that would taste great in a dessert, but Huelva’s strawberries, Extremadura’s figs, Valencia’s oranges and Asturian apples rarely feature in desserts, with the exception of ice cream, which Spaniards actually do really well.

People would rather eat these fruits on their own – unadulterated and without added extras like much of their other ingredients such as meat and seafood.

Even chocolate isn’t used a lot in desserts or cakes – apart from churros con chocolate or just the use of Nutella spread on top.

The next reason why Spanish repostería (confectionery and pastry-making) is not as elaborate as other European countries is that many of the most traditional pastries, biscuits and cakes were invented by nuns in Spain. This partly explains why they are so simple and often use up left over ingredients such as eggs. The nuns didn’t want to make overly complicated puddings that would take up a lot of time in their busy day. If you go to Andalusia, you can still buy many of these traditional biscuits and cakes from the nuns themselves in working convents.

Traditional almond cookies that were made by nuns in Spain. Photo: Dioni Santidrian / Wikimedia Commons

Desserts in Spain may be slightly better than the cakes, but again there’s not a lot of variety or different flavours, most of them are custardy or creamy concoctions made with eggs and milk. These include arroz con leche – Spain’s version of rice pudding, which is arguably better than its UK counterpart and does also feature cinnamon, crema Catalana (like France’s crème brûlée) and flan (like crème caramel). Bienmesabe again, whether the Canarian or the Antequera versions are made with egg yolks and almonds. Flan is probably the most common option for a menú del día dessert all around the country and is rather uninspiring, when it comes to sweet treats. 

READ ALSO: Where can you get free tapas in Spain? 

Also, dessert can be even more simplified, for example a piece of fruit or a yoghurt is often offered as a pudding when it comes to the menús del día in Spain. As mentioned, fruit isn’t used much in desserts, it’s seen as a perfectly good dessert in itself. Why mush up a strawberry to put in Eton mess (an English pudding made with strawberries, cream and meringue), when you can have it in its purest form?

In fact, if you go to any of Spain’s big multicultural cities, it’s the international bakeries and dessert places which are the most popular, rather than the local ones. In Barcelona for example there’s the Swedish Manso’s Café, the Jewish-inspired Lady Babka and Demasié which offers American-style cinnamon buns and cookies.

There are of course exceptions, Baluard being one of the best Catalan-owned bakeries, but even here, breads and pastries and have a decidedly French taste to them.

Having said all that, sweet treats do tend to improve the further north you go – the Basque Country and Galicia being some of the best. Could this be to do with the influence from nearby France and Portugal?

Galicia produces arguably one of Spain’s best cakes, loved by almost all international residents and Spaniards alike – the tarta de Santiago.

Originating in the city of Santiago de Compostela, it’s a dense almond cake – similar to a frangipane or Bakewell tart minus the pastry and the jam.

Galicia’s tarta de Santiago is one of Spain’s best cakes. Photo: Katrin Gilger / Wikimedia Commons

The Basque Country too excels in its desserts more so than the rest of Spain. It’s baked burnt cheesecakes have become world famous. Again though, they’re very simple – they don’t have any fruit toppings or added flavours – they don’t even have a biscuit base like the New York counterparts.

They are, however, delicious and should be sampled whenever you find yourself in that part of Spain. La Viña in San Sebastián is often said to do the best Basque cheesecake in Spain and it’s not just about the hype, their cheesecakes really are that good.

Torrijas are another Basque exception, which are delicious. This is Spain’s version of French toast and is a thick slice of brioche style bread soaked in milk and egg and then deep fried. They’re often flavoured with cinnamon and lemon peel and are slightly caramelised.

But whether or not Spanish sweets and treats stack up against a British sticky toffee pudding, an American pumpkin pie or a French tarte tatin is entirely down to personal opinion.

What do you think? Are Spanish cakes and desserts better than some people think, or do you agree with this article? Have your say below in comments section.

SHOW COMMENTS