© dpa
In Berlin, the party capital, it should become easier to establish and operate a restaurant or bar.
The black-red Senate has introduced a draft Gaststättengesetz (English: Restaurant Law) that provides for longer opening hours for outdoor dining, simpler inspection procedures, and more digitization. There will also be new rules for toilets, according to Senator for Economic Affairs Franziska Giffey (SPD).
Restaurants, cafés, bars and pubs will be allowed to serve their guests outside for longer. According to the draft, outdoor dining in nightlife districts will be permitted from Sunday to Thursday until 11 p.m. and on Fridays, Saturdays, and before public holidays until midnight. Currently, the closing time is generally 10 p.m. According to Giffey, nightlife districts are areas with a large number of bars, restaurants, and clubs that attract many visitors, especially in the evening and at night, and are typically associated with higher noise levels. She cited Kastanienallee in Prenzlauer Berg, Winterfeldtplatz in Schöneberg, and Simon-Dach-Straße in Friedrichshain as examples. In addition, districts can designate areas that are considered nightlife districts. The prerequisite for longer operating hours is that outdoor dining does not "cause a disturbance," as it was stated. If there is high noise pollution for residents, the districts can continue to take measures against it in the future, including limiting the opening hours of these restaurants or pubs.
According to the draft law, anyone who wants to work as a restaurateur will no longer have to go through lengthy and costly procedures to obtain a license. In future, a simple notification will suffice. For establishments serving alcohol, this will be followed immediately by a so-called reliability check. Double checks by different specialist authorities will no longer be necessary in future. According to Giffey, certain documentation requirements will also be reduced to a necessary minimum. This applies, for example, to training for employees, infection control and the protection of minors and non-smokers. "We want anyone who says today that they want to open a restaurant to be able to get started after six weeks," said Giffey. Until now, the procedures have taken several months.
Another focus is on digitization. In the spirit of a "one-stop shop," customers setting up new restaurants should be able to get all the help they need from the authorities in one place - even though the required notifications under commercial law, restaurant law and emission control law remain legally separate. The idea is that data exchange between authorities will eliminate the need to request information multiple times and speed up review processes. A digital restaurant assistant will be a central element of this approach. The previous requirement for strict separation of toilets by gender will be relaxed. If the size of the restaurant requires more than one toilet (50 square meters or larger), half of them must be available for women. The other toilets can be designed freely – for example, as men's, unisex or all-gender toilets. Existing establishments will have a transition period of ten years to adapt to the new requirements.
According to the city's economic administration, Berlin's restaurant industry comprises nearly 20,000 restaurants, cafés, bars, clubs, and pubs with around 100,000 employees. "It is therefore an enormous economic factor and shapes the city's lifestyle and vitality," said Senator Giffey. With its own state law, Berlin is moving away from the previous federal law from 1970 and a state ordinance that has been in force since 1971, making restaurant law "suitable for the capital." "With our new Berlin Restaurant Law, we are making our city more hospitable and making the work of our restaurateurs easier," said Giffey. "For Berlin's restaurants, less bureaucracy and digitized procedures mean more time for service, guests, and creativity." The aim is also to strike a fairer balance between economic interests and the protection of local residents. The draft law will now be considered by the Council of Mayors before it is debated further in the House of Representatives. According to Giffey, the law, which is still subject to change, is expected to be passed by parliament on July 2.