Wine Law

LEGAL PROTECTION OF THE CONSUMER OF ALCOHOLIC BEVERAGES 249 prosecution law. Nevertheless, this standard was qualified by more authoritative doctrine as redundant and repetitive 10 . Even in the State it is regrettable that the draft bill of sanitary measures for the protection of health and the prevention of the consumption of alcoholic beverages by minors under February 20, 2007 did not succeed, which would have been a magnificent occasion to group the dispersed and heterogeneous regional regulations. The current situation is of unequal regulation of alcohol consumption in the different Autonomous Communities 11 . There is the first group of Communities that regulate the legal regime of minors, without, however, referring to the prohibition of alcohol consumption 12 . Conversely, most Communities do consider that not only the consumption of alcohol by minors is prohibited, but also its sale and advertising, all within their general regulations on minors 13 . Some Autonomous Communities prohibit alcohol consumption in the context of tobacco and other drug addictions 14 . Lastly, there is a group of Communities that have specifically legislated on the consumption of alcohol by minors 15 . In general, thee regulations provide administrative intervention in the family, educational, health, and advertising spheres. They not only prohibit the consumption of alcohol by minors but also sanction any supply of alcohol to minors. Therefore, the owners and employees of the establishments, as well as all the people involved in the supply of alcoholic beverages, must ask the customers to present or display an official document proving their age. Similarly, 10 VERDERA SERVER, R. Lecciones de Derecho Civil . Tirant lo blanc. Valencia, 2011, p. 248. 11 MONTES RODRÍGUEZ, M. P. “La venta de bebidas alcohólicas a menores en el Derecho español”. Revista Española de Drogodependencias no. 37. 2012, pp. 205-217. 12 See Law 1/1995, of 27 January, for the Protection of Minors in Asturias; and Law 3/1995, of 21 March, on Children in the Region of Murcia. 13 See article 39(d) of Law 12/2001, of 2 July, on childhood and adolescence in Aragon; articles 31(d) and 38 of Law 6/1995, of 28 March, on Guarantees of the Rights of Children and Adolescents in the Community of Madrid; articles 32 and 38 of Law 1/1997, of 7 February, on comprehensive care for minors in the Canary Islands; and article 40 of Law 26/2018, of 21 December, of the Generalitat Valenciana, on the rights and guarantees of Children and adolescents. 14 See article 26 of Law 4/1997, of 9 July, on drug prevention and assistance in Andalusia; article 23 of Law 5/1997, of 6 October, on prevention, assistance and social incorporation in the matter of drug addiction in Cantabria; article 23 of Law 3/1994, of 29 March, on the prevention, assistance and social integration of drug addicts in Castilla y León; and article 36 of Law 5/2001, of 17 October, on drug addiction and other addictions in La Rioja. 15 See Foral Law 10/1991, of 16 March, on prevention and limitation of the consumption of alcoholic beverages by minors in Navarra; Law 2/1995, of 2 March, against the sale and advertising of alcoholic beverages to minors in Castilla La Mancha; Law 11/2010, of 17 December, on the prevention of the consumption of alcoholic beverages by minors in Galicia; and Law 5/2018, of 3 May, on the prevention of the consumption of alcoholic beverages in children and adolescents in Extremadura.