Economy & Jobs

Energy & Environment

By Helena Neves | Lusa.pt

The new rules for indoor places where smoking is still allowed are set out in a joint decree of the ministries of economy and maritime affairs and health published in the official gazette Diário da República on Thursday (2 May). These will come into force on 1 January 2023. [Shutterstock/chayanuphol]

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Smoking indoors will only be allowed in places such as restaurants, bars, and nightclubs from January next year if they have an area equal to or greater than 100 square metres and a minimum ceiling height of three metres, according to a new decree published on Thursday.

The new rules for indoor places where smoking is still allowed are set out in a joint decree of the ministries of economy and maritime affairs and health published in the official gazette Diário da República on Thursday (2 May). These will come into force on 1 January 2023.

The ordinance establishes the rules regarding the maximum allowed capacity, physical separation or partitioning, the installation and technical requirements of ventilation systems and the minimum size of the spaces.

As for the separation of smoking rooms, the ordinance determines that the interconnection between the rooms where smoking is allowed and the spaces of the same building where it is not allowed must be made through an entrance hall with a minimum of four metres squared, properly ventilated and with automatic sliding doors at the entrance and exit.”

It also establishes that the opening time of the entrance door of the rooms where smoking is allowed cannot be done simultaneously with the exit door.

In catering or drinking establishments, including those with dance halls, smoking rooms may be set up in customer areas, provided that they have a customer area of 100 metres squared or more and a minimum ceiling height of three metres. These rooms, including the respective entrance hall, may occupy up to a maximum of 20% of the area intended for customers.

“The maximum number of places where smoking is allowed is defined by the owner of the establishment or by the entities responsible for the establishments and must be in accordance with the fire safety project in buildings and validated” by specialised technicians.

Smoking rooms should be signposted and have the maximum allowed capacity displayed on the door, in addition to the information that “entry is prohibited to minors under 18 years old” and that “the air quality inside this room may damage the health of its users. The smoking rooms must have ventilation systems and a minimum ventilation efficiency of 80% must be guaranteed.”

Before being used for cleaning or maintenance purposes, rooms where smoking is allowed must undergo an air renewal of at least 10 air changes per hour, for a minimum period of one hour, it stresses.

The law from 2007 establishes standards for protecting the public from involuntary exposure to tobacco smoke and demands reduction measures related to addiction and cessation of tobacco consumption.

“The experience of applying this law and the need to fully comply with Article 8 of the World Health Organisation’s Framework Convention on Tobacco Control forced the government to take measures to restrict the number of places where it is still allowed to create new spaces for smoking, as well as to impose stricter installation conditions and technical requirements of the respective ventilation systems, with the aim of promoting greater health of these spaces,” the ordinance also reads.

Before the new rules come into force, indoor places where smoking is still allowed must comply with the current law.

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