Walter Finch
A MAJOR cinema chain has been slapped with a €25,000 fine for preventing moviegoers from bringing their own food and drinks into theatres in Almería province.
Yelmo Cines was penalised by Andalucian authorities after the consumer association Facua reported incidents at two of its venues – in Roquetas de Mar and the Torrecárdenas neighbourhood of Almería – in 2023.
The controversial policy affected customers at the Gran Plaza Shopping Park in Roquetas de Mar and the Torrecárdenas Shopping Centre in Almería, where cinema staff were turning away patrons carrying outside refreshments.
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Facua investigators discovered that Yelmo’s website displayed a warning message before ticket purchases, claiming that ‘as this establishment has a bar service’, regional regulations prohibited entry with food and drinks bought elsewhere.
The cinema chain cited regulations which argue it had the right to refuse admission to customers carrying outside refreshments whilst reserving the right to sell its own concessions.
However, the local authorities firmly rejected this defence.
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In its ruling, the authority emphasised that a cinema’s primary function is film exhibition, not catering, making the hospitality industry exemptions irrelevant.
The regional consumer protection body determined that cinemas do not qualify for these protections under Andalucian regulations, which permit certain hospitality and leisure establishments to ban outside food and drink.
Crucially, the ruling noted that Yelmo was not attempting to prohibit eating and drinking entirely within its theatres – only the consumption of items purchased elsewhere – which was branded an ‘abusive practice’.
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The authorities concluded that preventing paying customers from entering with outside refreshments, whilst allowing consumption of identical products purchased on-site, constituted an unjustified restriction on consumer rights.
Even though Almería City Council had issued retrospective authorisation for the Torrecárdenas venue to display the contentious signage – which had been in place for years without proper permission – regional consumer protection officials declared this invalid.
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