Smoking clubs prove to be puffers' loophole

One hundred days after the new, tougher smoking ban went into effect, a combination of ingenuity, lax oversight and word of mouth has created an unofficial list of establishments where one may bypass the law and light up a cigarette, no questions asked.

The results of a survey released on April 4 by the consumer association OCU shows that, despite a high compliance rate, Madrid does not respect the law fully at any of the venues included in the study. The Madrid region also leads the list of complaints over non-compliance with the smoking prohibition, according to another consumer group, FACUA.

Some of these establishments take advantage of legal loopholes to circumvent the legislation, which took effect on January 2. A provision of the law allows for the existence of smokers' clubs, not-for-profit organizations that cannot hire workers or sell tobacco products. These clubs are also required to have a charter and a member registry.

The Royal Smoking Club calls itself the city's only "pub-type" smokers' den

Before the ban took effect, there were five such clubs in the capital - three for cigar smokers and two for those who prefer a pipe. Since January, two more clubs have opened in the city for cigarette consumers.

The Royal Smoking Club is one such establishment, which defines itself as the only "pub-type" smoking club in town. It opened on April 4 in Madrid's Tetuán district and already has 180 members. For a monthly fee of 10 euros, club members can smoke their cigarettes without fear of fines or complaints, between four in the afternoon and three in the morning. The club entrance and the management team is shared with the contiguous drinks bar, which means that club members can buy a drink at Kerala, then hop over next door to enjoy the drink and a smoke (the club thus observes the law in that it technically has no employees and sells no products).

The owner of both, Guillermo Castañares, explains that both establishments have a different legal status and that the club is open to smokers of cigarettes, pipes, cigars and even hookahs.

La Loca Casa de las Lilas is another venue that holds a smoking club license. It describes itself as "convertible and bizarre" and allows members to smoke for just one euro and "forever."

Yet besides the clubs, it is still possible to find restaurants where smoking is allowed undercover. "I would like to make a reservation for a party of five. Could you put us in a smoking area?" this newspaper asked one restaurant in Madrid over the telephone. "Yes, no problem," was the reply.

This confirms that a few restaurants get around the smoking ban with tricks like using the areas that were formerly reserved for smokers. The owner of De la Riva, Pepe Morán, notes that some clients threaten him with going over to bars that break the law if he won't do the same.

One client admits that he eats at restaurants that willfully ignore the legislation so that he may play cards, have a few drinks and smoke after his meal. "They sit us down in the same dining room formerly used as the smoking area, and that's that," he explains.

As for drinks bars, the most popular formula involves pretending to be closing down for the night. When the blinds are rolled down, people know it means they can light up.

Critics of the new law use the internet to share information about places where smoking is allowed. Three months after the ban took effect, a hospitality industry association, Asociación La Viña - which has 3,000 members in the Madrid region - says that the measure caused a 31-percent drop in turnover at 87 percent of establishments in the area. Meanwhile, a group called Libertad Sin Humo (Freedom Without Smoke) is planning a street protest against the new law on May 9.