Apart from the mandatory rules of access issued by the various administrations for citizens, the owners of facilities open to the public can exercise the right of access. It can be practiced by both public and private establishments of all kinds (bars, restaurants, museums, shops, archives, libraries, temples…)
General decrees are issued by the competent authorities. For example, enter the minimum age for access to a leisure facility, the capacity limit or the opening times. This does not mean that the owner of a facility or the organizer of an event cannot add their own access restrictions as long as they do not exceed this right and follow the formal procedure required by law.
Pere Soldevilalawyer and professor EAE Business School Explain what these specific restrictions are to allow or deny access to your facility within the framework of recognized admissions law:
-Objectivity. It is intended that the same criteria apply equally to all. In other words, if you restrict access to people wearing athletic shoes, for example, this will be the case for everyone, regardless of the type of customer, and will not be applied arbitrarily.
-Non-discrimination and respect for the principle of equality. This criterion includes all rules that are likely to violate the equal treatment of people based on their religion, gender, race, regional origin or the like.
-Tell the administration. Once the specific criteria for the admission or exclusion of customers are established, the owner of the facility or the organizer of the event must notify the competent administration of each autonomous community. This takes care of the confirmation and, in the case of validation, issues a certificate with the corresponding authorization.
-Advertising. With the present certificate, it is the duty of the operations manager to place a sign in a conspicuous place stating “Reserved authorization”, followed by the list of conditions laid down to allow access. It is not enough that the sign that should be placed at the entrance, at the cash register or in another easily recognizable place only contains the words “Right of access reserved”. It is also not necessary to refer to the general restrictions.
According to Soldevila, failure to communicate this right and requirements is considered by the administration as a reason for failure, with an economic penalty ranging from 300 to 1,000 euros. In the event of a repeat offense, the fine can be up to 2,000 euros.
The Customer may at any time request the list of access or permanent requests and verify whether or not it bears the seal of the administration. Faced with the refusal to provide this information, the citizen can request the complaint form, go to consumption or request the police presence on discriminatory grounds. “In general, we could say that the right to record conflicts with all the rights contained within the framework of fundamental rights contained in the constitution,” says Soldevila
The right of admission with the pandemic
The different regulatory variants introduced by the administrations as a result of the coronavirus lead to a series of conflicts related to this law. For example, can a bar in Madrid ban its customers from smoking on the terrace while another neighboring bar allows it? The general regulation issued by the Health Department of the Autonomous Community of Madrid prohibits smoking on public streets and outdoors if the safety distance of two meters cannot be guaranteed. It is the only real limitation so far, so if the owner of the premises wants to extend the smoking ban to all customers, he must request and communicate the relevant certificate.
Another practice established in some establishments is taking the temperature before authorizing access to the premises, a measure that the Spanish Data Protection Agency (AEPD) opposes as it considers an interference with the rights of those concerned.