A new safer Magalluf

At the time of the approval of the decree, Balearic tourism minister Iago Negueruela stated that it represented "one more commitment to a sustainable tourism of quality" and that it was part of "the fight against anti-social behaviour caused by excessive consumption of alcohol". Adding that this behaviour created problems of coexistence with residents, the minister stressed that it was "not the image we want".

The background

The decree explained that efforts to promote advances made in the quality of the islands' tourism industry were being undermined by media reports of anti-social behaviour in "certain areas of Mallorca and Ibiza". Most of this was due to alcohol abuse, which resulted in a great deal of insecurity for residents and reduced tourism quality.

"Year after year," the decree stated, news has appeared in the media, both national and international, regarding tourist anti-social behaviour (young tourists in particular). Young people had been injured or killed because of practices such as 'balconing'. There was sexual exploitation and abuse. There were fights on the streets, which placed extra demands on the health service. Public property was frequently destroyed.

"For many groups, especially those of a younger age, recreation in general and nightlife especially is associated with abusive consumption ... . There is a low perception of the associated risks."

Particular mention was made in the decree of reports by Calvia town hall and police, by Palma police, by Llucmajor police, by the Spanish government's delegation in the Balearics (which has responsibility for the state security forces, the Guardia Civil and the National Police), and by the Balearic health ministry. "The repeated anti-social behaviour described in these reports has created a deep concern among the citizenship, within the hotel, catering, retail and service sectors, and among the administrations involved." Given all this, it was considered that there were "reasons of general interest to justify the adoption of measures established by this decree law".

Where do the measures apply?

It is important to point out that provisions in the decree apply to only four resorts in the Balearics but not to the whole of these resorts - Arenal (Llucmajor), Magalluf, Playa de Palma, Sant Antoni de Portmany. Maps of these resorts indicate where the measures are in force. These can be consulted by, for example, going to the Official Bulletin of State, where 'Decreto-ley 1/2020, de 17 de enero, contra el turismo de excesos para la mejora de la calidad en zonas turísticas' is published; the maps form an appendix. In Magalluf, for instance, C. Punta Ballena is in the area covered by the measures.

What are the measures?

1. Hotels (and other accommodation). Customers must be given information regarding the relevant areas, provisions of the decree and the penalties for breaches, which include immediate expulsion from hotels or other accommodation.

Practices that are dangerous to life are strictly forbidden. These include moving from one balcony to another or jumping from balconies into swimming pools. Such practices will result in immediate expulsion from the premises as well as a fine.

Where customers are on all-inclusive packages, hotels can serve no more than three alcoholic drinks to a customer of legal age with lunch and with dinner - six in all per day, therefore. At all other times, alcoholic drinks have to be paid for separately.

2. Alcohol promotion. There is total prohibition of promotion that encourages alcoholic consumption. This therefore includes a ban on the likes of open bars, free bars, happy hours, two for one, three for one ... . The advertising and organisation of bar crawls are prohibited.

Where advertising of alcohol is permitted, this cannot be targeted at people who are under legal age. Images of minors or their voices cannot be used in advertising. Nor can advertising be associated with improved physical performance of any type, including conveying an impression of "sexual success".

3. Display and sale of alcohol. Displays of alcoholic drinks outside shops or in shop windows are prohibited. The supply of alcoholic drinks from self-dispensers is prohibited unless these machines are inside authorised establishments and are controlled by a person responsible for compliance.

The offer or sale of alcoholic drinks to minors is prohibited. Hotels, bars, restaurants and similar must take necessary measures to prevent alcoholic drinks being consumed off the premises. Alcohol cannot be sold by shops between 9.30pm and 8am.

4. Degrading practices. Anything that objectifies or hypersexualises individuals, females in particular, with the purpose of attracting custom to an establishment is prohibited.

5. Party boats. Advertising and organisation in the areas covered by the decree are prohibited.

6. Penalties. Breaches of the decree are classified according to whether they are minor, serious or very serious. Fines for minor infractions range from 1,000 to 6,000 euros; serious from 6,001 to 60,000 euros; very serious from 60,001 to 600,000 euros. In addition, and for very serious infractions, establishments can be closed for up to three years.

With regard to 'balconing', fines were imposed for this prior to the decree - up to 1,500 euros in Calvia, for instance. Balconing is in fact prohibited everywhere in the Balearics, but the decree specifies (for the areas to which it relates) that this can be considered a serious offence.

Municipal bylaws

It should also be noted that there are municipal bylaws in respect of alcohol consumption in public areas (such as on the street) and anti-social behaviour (an example is urinating in a public area). These are in addition to the decree.

Additional videos:

Balearic Government announces there drive against tour excesses (in Spanish and Catalan). Click here.