The Council of State has criticised health minister Edith Schipper’s plans to reform the ban on smoking in cafes and bars to exempt small bars without staff.

The government said last year it would lift the ban on smoking in bars and cafes which are smaller than 70m2 and have no staff. Since then, health inspectors have stopped monitoring small bars pending changes in the legislation.
However, the council, the government’s most important advisory body on new legislation, says Schippers needs to provide more substantial proof that small bars have been hit by a ‘significant loss’ in turnover because of the ban.

Nuisance
In addition, she needs to prove that exempting small bars remains proportional and that the tobacco laws will continue to focus on reducing smoking and the nuisance to non-smokers.
The decision to exempt bars run by individuals without staff – known as zzp’ers – is also problematic because many small bars have a different legal structure. People described as directors or owners of a bar are not therefore included in the exemptions.
Research shows that smoking is still permitted in around half the country’s bars despite the ban, which was brought in three years ago.
According to the NRC, Schippers has immediately amended the legislation to incorporate the council’s objections.
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