Definition and fundamentals of the serving ban
Das Serving ban is a legal term referring to the prohibition of serving, i.e., the sale and dispensing of alcoholic beverages at certain locations, at specific times or to certain groups of people. A serving ban can be structured based on time, location, or person and is based on statutory or regulatory orders aimed at protecting public order, health, or specific groups of people.
Legal basis of the serving ban
Statutory foundation
The introduction, configuration, and enforcement of a serving ban in Germany is based on various legal provisions at the federal, state, and local levels. Relevant regulations can be found particularly in:
- Hospitality Act (GastG)
- Youth Protection Act (JuSchG)
- Infection Protection Act (IfSG)
- Police laws of the states
- Hazard prevention ordinances and municipal by-laws
Furthermore, on special occasions—such as major events, local festivals, or specific risk situations—additional serving bans can be imposed by general decree or individual decision.
Serving ban under the Hospitality Act
The Hospitality Act (GastG) regulates the general requirements for operating establishments serving drinks and food. A hospitality license may be denied, revoked, or made subject to conditions under §4 GastG, if facts justify the assumption that the operation poses risks to public safety or order. This specifically includes the possibility to order a serving ban, for example, for specific times of day (curfew hours) or occasions.
Youth protection and serving ban
The Youth Protection Act (JuSchG) contains serving-related prohibitions for minors. According to §9 JuSchG, the serving of spirits, spirit-containing beverages, and mixed drinks containing spirits to children and adolescents is explicitly prohibited. There are also age-specific serving bans for other alcoholic beverages such as beer, wine, or sparkling wine. Operators of hospitality establishments and event organizers have a duty to monitor and exercise care with regard to compliance.
Serving ban for health protection
The Infection Protection Act (IfSG) contains provisions that allow authorities to temporarily or locally completely prohibit the serving of alcoholic beverages to combat communicable diseases, such as during the COVID-19 pandemic. Such measures can be imposed to prevent crowds and reduce infection risks.
Forms of the serving ban
Temporal serving bans (curfew hours)
A temporary serving ban is often part of the regulated curfew periods for establishments serving drinks and food. Curfew hours are regulated by state laws or ordinances and determine the times during which the serving of alcoholic beverages is prohibited. The aim is typically to prevent nighttime disturbances and to ensure public safety.
Location-based serving bans
Authorities can temporarily prohibit the serving of alcohol in specific areas, such as city parks, train stations, public squares, or during events. Location-based serving bans are mainly for crime prevention or to protect neighborhoods from noise nuisance.
Person-specific serving bans
The Youth Protection Act regulates person-specific serving bans, which prohibit certain age groups from accessing alcoholic beverages. Additionally, in individual cases, serving bans can be imposed on persons who have repeatedly violated existing regulations.
Enforcement and monitoring of the serving ban
Supervisory authorities
Compliance with statutory and regulatory serving bans is overseen by local regulatory authorities, the police, the trade licensing office, as well as youth welfare offices. Monitoring includes random or occasion-based inspections of hospitality businesses, at events, and in public spaces.
Sanctions for violations
Violations of the serving ban can be prosecuted as administrative offenses or—as in severe cases—criminal offenses. Consequences range from warnings and fines to the prohibition of continued operation or the revocation of the hospitality license. In connection with youth protection, additional special measures may be imposed.
Serving ban in an international context
Serving bans are also common internationally, although their legal frameworks vary. Many countries have specific regulations regarding the sale of alcohol during religious holidays, election periods, or as part of national prevention strategies. Differences particularly exist in minimum age limits, authority responsibilities, and the mechanisms of supervision.
Practical significance of the serving ban
The serving ban is a central instrument for hazard prevention, youth protection, and public safety. Consistent enforcement helps curtail alcohol-related violence, prevent excesses in public spaces, and protect the health of the population. Operators of hospitality establishments, organizers, and traders are obliged to keep themselves regularly informed about the relevant statutory regulations and official orders and to implement them.
Literature and further sources
For an in-depth engagement with the serving ban, relevant commentaries on the Hospitality Act, the Youth Protection Act, specialist literature on public and administrative law, as well as publications by state and municipal authorities are recommended. Additionally, official online portals of state governments and municipalities offer up-to-date information on applicable local and temporal serving regulations.
Frequently asked questions
When and for whom does the serving ban apply under German law?
The serving ban in German law is found especially in the Youth Protection Act (JuSchG) and in specific state laws and regulations relating to hospitality businesses. It sets out under which circumstances alcohol may not be served to certain groups, particularly minors. §9 JuSchG fundamentally prohibits the provision and consumption of beverages containing spirits by and to children and adolescents under 18 years, while beer, wine, and sparkling wine may only be served to those aged 16 and older. In addition to youth protection, serving bans also apply to persons who are obviously intoxicated, as may be regulated in state hospitality and sometimes police laws. A serving ban can also be temporarily imposed by authorities during public events or street festivals.
What legal consequences can result from violations of the serving ban?
Violations of the serving ban are administrative offenses and can be punished with significant fines. The amount of the fine depends on the applicable law—for violations of the Youth Protection Act, fines can be up to 50,000 euros (§28 JuSchG). Depending on the federal state and specific locality, further trade law consequences may follow, such as the revocation of the hospitality license in case of repeated or serious violations. Even an attempted violation may be punishable as an administrative offense.
How is the enforcement and monitoring of the serving ban carried out?
Compliance with the serving ban is monitored by regulatory authorities, food safety offices, and police authorities. In hospitality businesses and at public events, regular and sometimes occasion-based inspections are standard. Businesses are required to check customers’ ages, for example, by requiring an official photo ID, and must refuse service if in doubt. Authorities have the right, in case of suspicion, to review evidence such as video recordings or cash register data.
What exemptions can be made from the serving ban?
The serving ban under the Youth Protection Act is mandatory and cannot be lifted by permit. However, there are exceptional cases with officially imposed serving bans (for example, during major events) which may sometimes be restricted to certain areas or periods. Special regulations may also apply for certain medical, religious, or scientific purposes, provided the serving is clearly and exclusively for those purposes. Such exemptions are to be interpreted strictly and generally require express approval from the relevant authority.
In what form must landlords and organizers display the serving ban?
According to statutory requirements, landlords and organizers must display the serving ban for minors clearly and visibly via posted notices (§9 para. 7 JuSchG). The exact wording is prescribed by law: The notice must be placed at a clearly visible location in easily readable lettering. Violations of the obligation to display may also be prosecuted as an administrative offense. In addition, employees must be regularly trained on how to ensure and monitor compliance with the ban.
Are there special regulations for serving bans at events and public festivals?
Yes, for public festivals, fairs, or certain events, special serving bans or restrictions can be imposed by the competent authorities for reasons of youth protection and public security and order. For example, during sporting events or in certain city districts where alcohol-related problems are expected, serving can be restricted or prohibited based on time, place, or product range (e.g., ban on high-proof spirits). The authorities rely on state law provisions and police or public order law.
Can non-alcoholic substitute beverages also be subject to the serving ban?
In the stricter legal sense, the serving ban applies exclusively to alcoholic beverages. Non-alcoholic substitute beverages are generally not affected by the serving ban, unless they contain residual alcohol (e.g., non-alcoholic beer with up to 0.5% vol.). For these products, the legal situation is inconsistent: while they may generally be supplied to minors, some states have adopted stricter regulations or recommend treating them the same as alcoholic beverages. It is advisable to follow current case law and the respective official interpretation.
