To humans (we know since recently) we like to surround ourselves with pets since long before we we started cultivating the land or the invention of writing. However, they have never played such a relevant role in our homes. The first official statistics On the subject, he estimates that in Spain they live 15 million of pets, more than the entire population of the country under 30 years of age. Only the dogs add up to 7.5. With such a deployment it is normal that more and more people count on them when planning travel or go to a bar.
The big question is… Can they pass?
Are pets allowed? If you go to Google and type “pets”, “restaurants” and “access” you will find a good handful of publications that talk about whether or not pets can access bars, restaurants, hotels and (in general) private businesses. It stands to reason.
First, because in Spain there are more and more pets and every time they are more incorporated in our daily lives. Second, because with the thermometer fooling around with the 30th In much of the country and with clear skies, people increasingly want to make plans outside, stay in a hotel on the beach or go for a drink at a bar.
And what is the answer? Depends. As is usually the case when we talk about pets, the ‘bible’ we must turn to in search of answers is the Law 7/2023 on March 28. Said like this, it may not sound familiar to you, but its most popular name surely does: the Animal Welfare Law (LBA), which began to be applied a long time ago. three years.
In this specific case we are interested in your article 29which regulates “access with pets to means of transportation, establishments and public spaces.” There the regulatory framework is established and a very simple idea is put forward: as a general rule, pets can enter bars, restaurants and other businesses where food is served, unless otherwise stated.
Now, in each case what both the host and the owner of the animal do will greatly influence, so this guideline does not always have to be followed.
What does it say about the hoteliers? That they have the right to decide whether or not pets enter their businesses, although if they decide to do the latter and close the doors to them, they must make it very clear from the beginning. And in writing.
Basically, Law 07/2023 states that if the owner of a restaurant chooses to ban pets, he must record his decision, warning it on the door in a perfectly visible way. The objective: to avoid surprises for clients or that, once they are seated with their dog, they are asked to leave the premises.
What exactly does the law say? The indication that interests us is in the second point of the article 29. And says:
“Public and private establishments, hotel accommodations, restaurants, bars and in general any others in which drinks and food are consumed, may facilitate the entry of pets that do not constitute a risk to people, other animals and things, to areas not intended for the preparation, storage or handling of food, without prejudice to the provisions of public health regulations, or municipal ordinances or specific regulations.”
“If the entry and stay of the animal is not admitted, they must show a badge indicating this, visible from the outside of the establishment”.
Does only the hotelier influence? No. From the LBA comes off that the dog owner also has rights and obligations and that even the latter must comply with certain rules. For example, the previous paragraph emphasizes that the doors of the premises will be open to pets “that do not constitute a risk to people, other animals and things.” And later, in point 5, the same article of the LBA emphasizes that the owners also have responsibilities:
“People responsible for pets who can access the transport and establishments and places indicated in the previous sections must take the animal in accordance with the hygienic-sanitary conditions and respecting the security measures determined by the establishment or means of transport itself, as well as specific sectoral legislation.”.
What happens in other places? The LBA not only regulates access to restaurants, bars and accommodation. the same article (29) also clarifies that, in general, public and private transport services must “facilitate” the entry of pets as long as they do not represent a threat. However, the ‘photo’ is not the same in all services.
Taxi drivers or platforms such as Uber or Cabify can decide “at their discretion” whether or not to accept pets, while the law states that railway, shipping and airline operators must “adopt the necessary measures to guarantee the transportation of animals (…) as long as they are carried out under the access conditions established by each operator, respecting the hygienic-sanitary and safety conditions required by law.”
Does it say anything else? Yes. The LBA make it clear also that shelters, refuges, care centers and other places dedicated to caring for people in a vulnerable situation must “make it easier” for their users to access their pets, if they have them. If for whatever reason that is not possible, the same centers must “promote agreements with animal protection entities or shelter projects” so that the pet is not left unattended.
It is a fundamental measure to prevent people (homeless people, sick people or victims of abuse, for example) from avoiding going to shelters or residences just so as not to leave their pets helpless.
And public buildings? The law points out also that, “unless expressly prohibited,” which must be clearly signposted on the outside of buildings, “pets will be allowed access to public buildings and facilities.”
Everything stated in the previous points, of course, does not apply in the case of assistance dogs (for example, those used by the blind) and those that are part of the Armed Forces or State Security Corps. In those cases access “will not be discretionary.” “Assistance dogs will be able to access any space accompanying the person they are assisting,” ditch the LBA.
What happens when the law is broken? The LBA not only sets mandatory guidelines, it also details the punishment faced by people who do not follow them. If we talk about restricting pet access to bars or restaurants, we would be faced with a slight fraction that it does not “cause physical damage or behavioral alterations to the animal.”
As such, it can lead to sanctions ranging from 500 to 10,000 euros. If a person is a repeat offender and commits a minor offense several times in less than three years, they risk being charged with a serious offense, which increases the penalty.
Images | Madhu Rao (Unsplash) and Anders Ipsen (Unsplash)
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