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.
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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.
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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.
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