BREDA - The judge ruled that the ban violates Article One of the Constitution and the European Convention on Human Rights.

The Public Prosecutor had demanded a fine of EUR 1,200 for café Victoria, which allows customers to smoke.

The judge argues that the ban disproportionately affects the owners of small establishments with no additional staff.

Such cafés often lack special smoking areas, prompting smokers to go to larger establishments. The Public Prosecutor has appealed against the sentence.

The Breda café is the second one to face legal proceedings.

The owners of the first café to be charged, De Kachel in Groningen, were convicted.

Radio Netherlands/Expatica