The Council of Ministers approved the draft law on the prevention of alcohol consumption and its effects on minors, with the aim of delaying the age at which alcohol consumption begins, protecting against its consequences and reducing episodes of intensive consumption.
As explained by the Minister of Health, Mónica García, “there is no amount of alcohol consumption that is not risky; there is no such thing as a good dose of alcohol, and even less so for minors.”
The minister also stressed that early consumption “has consequences for development.” “Alcohol is harmful to the health and neurodevelopment of our children. And what is scientific evidence, we at the Ministry of Health make it law,” said García.
The minister recalled that on average, the onset of alcohol consumption begins at the age of 14. In addition, 76 percent of minors have consumed alcohol in the last year, 56 percent in the last month and a third – 28 percent of minors – have done so intensively. In addition, 92 percent of minors say that they have practically free access to alcohol. “We have figures that are higher than those of the countries around us,” she warned.
The text is characterised by an “educational approach”, which means that “the focus is not on minors, but on the conditions that help prevent alcohol consumption”; that is, on the “environment”. According to García, the text brings together “rules that were scattered and rules that are already applied in different autonomous communities”.
Obligations for Public Administrations
The document establishes obligations for public administrations in the areas of education, health, culture, sport, research, road safety, work and family life.
In the family sphere, programmes will be implemented to raise awareness among families about the risks of alcohol and provide them with tools to prevent its consumption by minors. Special attention will be paid to families at risk of social exclusion or with minors affected by alcohol consumption.
In the educational field, new content on alcohol prevention will be published in primary, secondary, vocational training, high school, university and teacher training curricula.
In the social-health field, protocols will be developed to detect alcohol consumption in minors, include records of alcohol consumption in medical records, consider the family context of minors with addiction problems and promote health education activities in health, educational and protection centres, in addition to facilitating access to treatment for those who present problematic consumption or addiction.
In the urban planning field, in order to assess the adoption of restrictions on the opening or installation of establishments, public administrations may take into account the following aspects: the density or concentration of retail sales points for beverages; the existence and proximity to retail sales points for alcoholic beverages in educational centres, social protection centres for minors or establishments where public shows or recreational activities are held and which minors may have access to.
On the other hand, the State Security Forces and Corps will be able to carry out alcohol tests in specific places and circumstances where alcohol consumption is prohibited. The tests will be limited to non-invasive methods such as the breathalyser.
Regarding penalties, the fine imposed on minors for committing a minor offence related to alcohol consumption may be suspended in exchange for participation in preventive awareness and sensitisation programmes or rehabilitation programmes, depending on each case.
Thus, the consumption of alcohol is prohibited for all persons in: educational centres for early childhood education, primary education, compulsory secondary education, high school, vocational training and special education; centres for the protection of minors and student residences that admit minors and in other centres for minors or intended for their use.
It is also prohibited in sports centres, leisure centres or spaces dedicated to public shows when there are sessions that have been expressly designed for minors.
The sale of alcohol is also regulated to protect minors. Street sales without an administrative licence are prohibited on public roads and in other places and circumstances established in another state or regional law, or in a municipal ordinance.
Furthermore, the automatic supply of alcoholic beverages will require that the vending machines incorporate effective technical mechanisms, with direct surveillance and custody, to prevent their acquisition by minors. In addition, they may not be installed in public roads, or in places where the sale or consumption of alcoholic beverages is prohibited.
Limitations on the exposure to alcoholic beverages
The display and access to alcoholic beverages in self-service establishments must be limited to a specific space within the establishment itself that is separated from spaces with products specifically intended for minors.
In establishments dedicated mainly to the sale of products for minors, alcoholic beverages and other products that imitate them may not be sold, nor may they be displayed in the windows or inside, even if they are empty.
Limitations on advertising
Likewise, any direct, indirect or covert form of advertising of alcoholic beverages or products that simulate being an alcoholic beverage, including the trade name, corporate name, symbols or trademarks of the persons or companies producing said beverages, aimed at minors, is prohibited.
In addition, the image or voice of persons under 21 years of age may not be used in advertising or commercial communications; persons of legal age when they are presented dressed as minors; persons or characters, real or fictional, whose public relevance or popularity is linked to the minor population; pregnant women, even if they have given their consent, or the image of a foetus.
Regarding language, arguments, styles, typography or designs associated with underage culture may not be used, nor may alcoholic beverages be linked to improved physical performance, social or sexual success. Ambiguous terms that could easily confuse underage people, such as ‘responsible consumption’ or ‘moderate consumption’, may not be used either.
In addition to the ban on places where alcohol cannot be consumed, advertising cannot be placed on public roads or in places visible from them.
Advertising will be permitted, limited to the trade name, corporate name and brands or identifying symbols of the producing companies, within a perimeter 200 metres from the accesses to areas frequented by minors, such as primary education centres, compulsory secondary education, vocational training, special education and high school centres, health centres, social and socio-health services, parks and children’s leisure areas.
Following approval by the Council of Ministers, the Ministry of Health will publish the text of the draft law for public hearing and information. The text will then return to the Council of Ministers for approval as a draft law and to begin its parliamentary process.