Since 2006, smoking is not allowed in restaurants and in tearooms belonging to bakeries or cake shops.

Since 1 ^January 2014, smoking is also prohibited:

• in drinking establishments (cafes, pubs, bars, etc. even where drinks are free of charge);
• in nightclubs;
• in shopping malls;
• in covered facilities where sports or leisure activities are practiced;
• in premises for collective use belonging to establishments offering accommodation (hotels, hostels, etc.).

Nevertheless, smoking rooms can be installed in restaurants, drinking and accommodation establishments upon authorisation of the Minister of Health.

Who is concerned

A smoking room can be installed in a separate room, upon authorisation of the Minister of Health:

• in catering establishments;
• in drinking establishments (cafés, pubs, private clubs with membership requirements, snack bars, occasional party locations, etc.);
• in premises for collective use of accommodation establishments.

How to proceed

Technical specifications of a smoking room

A smoking room can be installed in a separate room, upon authorisation of the Minister of Health. The smoking room must:

• be fitted with a smoke extractor or air cleaning system;
• have fixed and airtight walls;
• have self-closing doors;
• be clearly identifiable as a smoking room;
• not be accessed by minors (less than 18 years of age);
• not exceed 30 % of the establishment's total surface area, i.e. only the areas where customers are allowed (the total surface area does not include the restrooms, cloakrooms, kitchen, meeting rooms, etc.);
• not be a transit area.

Technical specifications of the extractor or air cleaning system

The smoking room must be fitted with a smoke extractor or air cleaning system and have the following characteristics:

• have an air flow per hour exceeding 3 times the volume of the smoking room;
• provide continuous negative air pressure;
• the air from smoking rooms must be rejected to the outside, preferably through the roof, and it must be made sure that the air extracted or the noise caused by the installation does not inconvenience the inhabitants of neighbouring buildings;
• in the case of smoke extractors, (extraction of waste air and replacement by fresh air), the waste air may not be redirected back into the smoking room, nor may it be directed to another room in the establishment;
• in the case of air purifying systems (extraction and replacement of waste air by at least 50 % fresh air from outside and 50 % filtered air):
  • ozone based air purifying systems are not allowed;
  • the filter system must contain at least one pre-filter and one activated carbon filter. The filters must be maintained and replaced where needed;
  • the air extracted from a smoking room may not be transferred to another room;
  • the filtering system must be running when the smoking room is in use.

Application for authorisation to set up a smoking room

The business operator must submit the following documents to the

• an application for authorisation to set up a smoking room;
• a detailed plan (preferably in DIN A3 format - scale 1/125) of the complete premises with the indication of the surface area and location of the smoking room and its height;
• a certificate of compliance (in 2 copies) issued by the installer and certifying that the installation is compliant with the provisions in articles 3 to 6 of the Grand-Ducal regulation of 27 November 2013 concerning smoking rooms (see technical specifications above).

Operating conditions for a smoking room

After having checked the installation, the Ministry of Health will issue:

• an authorisation to set up a smoking room;
• a sign warning against the risks of passive smoking.

Posting

The operator must clearly display:

• at the entrance of the smoking room:
  • the smoking room permit;
  • the notice warning against the risks of passive smoking;
• in the non-smoking area of the premises:
  • one or more notices reminding of the smoking ban in non-smoking areas (the Ministry of Health can provide adequate notices).
    These notices are not mandatory in establishments which do not have a smoking room.

Use and maintenance

There can be no provision of service in the smoking room. The establishment's customers are only allowed to take their drinks to the smoking room.

There can be no cleaning or maintenance tasks in the smoking room until the air has been duly renewed.

Moreover, the operator must:

• be able to show the installation certificate provided by the installer during inspections;
• and have the installation serviced at regular intervals.

Offences and fines

The Grand-Ducal Police and the agents of the Customs and Excise Agency can fine the persons who do not comply with the smoking ban with an EUR 24 fine.

Persons who do not comply with the smoking ban in drinking establishments, accommodation establishments and restaurants can be fined from EUR 25 to 250.

The operator of the establishment (or his representative) who does not comply with the smoking ban or the legal provisions on smoking rooms is liable to a fine of EUR 251 to 1,000.

Forms / Online services

Who to contact