The promise was clear: from January 1, 2027, no smoking or vaping on the terraces of cafes and restaurants. Now the plans have changed. The Council of State called for legislative changes, and the Minister of Health, Frank Vandenbroucke, confirmed the postponement. A decision that divides Belgium between public health, taxes and the right to a simple outdoor smoking break.

(Staff: Belgium / Health & Society)

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It only took a single sentence in a nearly 200-page coalition agreement to spark a major debate across Belgium’s hospitality sector. After more than a decade since smoking was banned inside restaurants and cafes, the federal government decided to go ahead: the ban was also going to apply to terraces, and special smoking rooms were to disappear completely.

Deputy Prime Minister and Minister of Health, Frank Vandenbroucke, firmly supported this measure, announcing over a year ago that the ban was due to enter into force on 1 January 2027. However, legal obstacles have now disrupted those plans.

A delay caused by “papers”

The news came as a shock for supporters of the measure: the ban was postponed. The confirmation came from the cabinet of Minister Vandenbroucke. The reason is not a political retreat in the face of protests, but a legislative obstacle.

“The Council of State asked us to adjust certain measures, and we are working on them,” explained the minister’s representatives. When a law is completed, the Council of State analyzes whether the text is logical and legally correct. This time, the institution found cracks in the formulation of the law, which means that the Government must amend it and once again submit it to the vote in the Council of Ministers.

It is not yet known exactly when the new ban will come into effect. Theoretically, once the law is corrected, it can be applied in any month of the year, not necessarily at the beginning of the calendar year. The minister also admitted that the HoReCa sector needs time to prepare, including to install the necessary signage.

“First Battle Won” for the HoReCa Industry

While the postponement is bad news for respiratory health specialists, for the hospitality industry it is a breath of fresh air. Matthias de Caluwe, CEO of Horeca Vlaanderen, reacted immediately: “We are always against this ban, and our fight continues, but this is the first battle we win.”

De Caluwe also raised a practical issue that the authorities seem to ignore: who is responsible if a customer lights a cigarette on the terrace? Does the waiter have to call the police? “The ban doesn’t take the cigarette or vaping out of the street landscape. It just moves the smoking from the terrace to the sidewalk in front of the restaurant,” he argued.

The debate behind the law: health vs. Economy

The reactions of the public, heatedly debated in the Belgian online environment, reveal a divided society. On the one hand, there is a non-smoker camp that complains of the discomfort of eating in the smoke of others, while others draw attention to the serious effects of vaping (vape) on people with asthma.

On the other hand, there is the economic argument. Many commentators have pointed out that the Belgian state collects millions of euros annually from tobacco excise and taxes. “Be glad there are smokers; otherwise, you would pay even more taxes,” one user wrote. Others have raised the question of individual freedom: “It’s an open space. If you don’t like smoke, stay in. If you want sun, tolerate it.”

Moreover, some have sounded the alarm about the direction in which society is going: “A regulation here, a ban there. Soon they will ban jumping in the street because it is dangerous. As long as their seats (n.r. of politicians) are safe.”

Conclusion

The postponement of the smoking ban on terraces is a clear proof that in Belgium the struggle between public health and individual freedoms (or economic interests) is far from over. Minister Vandenbroucke did not give up the plan, but bureaucracy and pressure from the hospitality sector have greatly slowed down the process. Until then, Belgian smokers can enjoy a coffee and a cigarette in the open air, while lawmakers work through the paperwork.