Alcohol laws in Germany


The German laws regulating alcohol use and sale are mostly focused on youth protection. In contrast to many other countries, the legislation is not designed to keep young people away from alcohol completely, but rather to teach them an appropriate approach to alcohol consumption.

Drinking age

Underage drinking in private is not regulated by a specific legal restriction. However, protection from physical and mental harm is part of parents' general obligation to care for a child. Regarding alcohol purchase and alcohol consumption in public places, Germany has three drinking ages regulated by § 9 Jugendschutzgesetz ':
This results in three different drinking ages depending on the type of alcoholic beverage and circumstances:

Those limits do not apply to married adolescents. ''
Because of moral panic involving alcohol abuse among minors, some people demanded that the drinking age be raised. Most politicians, however, spoke against that notion, pointing out instead that such abuse was already forbidden according to current laws, which simply needed to be enforced. In Germany and the rest of Europe, alcohol consumption by adolescents is traditional and generally accepted.

Enforcement

In 2008, the federal state of Lower Saxony started a series of trap purchases, conducted by specially trained police cadets, aged 16 or 17, who pose as customers. In 77% of all tests alcohol was sold illegally in shops, filling stations and kiosks. In 2009, about 3000 trap purchases were carried out in Lower Saxony, in 1327 cases alcohol was sold without age verification to underage persons. Hundreds of summary proceedings led to administrative fines ranging from 500 to 3000 euros. The standard rate for the illegal sale of one bottle of spirits is 1500 euros. Thus, alcohol trap purchases bring a return of around €2 million annually. Other German states, especially Schleswig-Holstein, are considering implementing the Lower Saxony model, but states like Berlin, Brandenburg, Saxony-Anhalt, Thuringia and Baden-Württemberg object to it.
Violation of restraints will involve prosecution for vendors who sell alcohol to underage persons and also for bystanders who do not intervene in underage drinking. Although restrictions are nationwide and well-known, some salespersons violate the law at times. Minors themselves can never be prosecuted for alcohol consumption under age. Supermarkets and stores generally check minors for their identity card. The law is less thoroughly enforced in many bars and restaurants, but this can vary by location.

Fines for violation

Under the Protection of Young Persons Act selling, furnishing and supplying alcoholic beverages in licensed premises, at points of sales or elsewhere in public by a person over the age of 18 years to a person under the required age limits is considered a misdemeanor. Violation can result in fines up to 50.000€.
The "Bußgeldkatalog" of each state sets the possible fines for each violation of the act and varies slightly by state. In the state of Baden-Württemberg the Bußgeldkatalog for violation against the "Protection of Young Persons Act" provides following fines:
MisdemeanorLawPossible fine Standard fine Possible fine Standard fine
Selling or serving spirits or food products, containing more than insignificant quantities of spirits, to a child under 14 years of age§ 9 Sec. 1 JuSchG€1,000 - €4,000€3,000€300 - €1,000€500
Selling or serving spirits or food products, containing more than insignificant quantities of spirits, to a young person over the age of 14 but under the age of 18 years§ 9 Sec. 1 JuSchG€700 - €3,500€2,000€100 - €500€300
Selling or serving beer, wine, wine-like beverages or sparkling wine or mixtures of beer, wine, wine-like beverages or sparkling wine and soft drinks, to a child under 14 years of age§ 9 Sec. 1 JuSchG€700 - €3,500€2,500€100 - €500€300
Selling or serving beer, wine, wine-like beverages or sparkling wine or mixtures of beer, wine, wine-like beverages or sparkling wine and soft drinks, to an unaccompanied young person over 14 years but under 16 years of age§ 9 Sec. 1 JuSchG€500 - €3,000€2,000€100 - €500€300

Other legislation

Alcohol consumption in public

Public parties are prohibited nationally on Good Friday, and regionally on other holidays such as All Saints' Day. Buying alcohol remains possible at these times. The government maintains the right to restrict or ban the sale of alcohol for a certain time to maintain public order.
Beyond this, Germany has very few restrictions on alcohol consumption in public. Exceptions are sometimes made in the context of football matches involving rival teams, where police executives may ban the sale of alcoholic drinks inside stadiums and deny entrance to drunk fans. In 2009, the private railway company Metronom, which operates in parts of Northern Germany, introduced a much-discussed complete ban on alcohol in its trains. Some cities have banned alcohol consumption in certain areas and at certain times, such as Göttingen in Nikolaistraße on Saturdays and Sundays between midnight and 8:00 am, or in Hannover Hauptbahnhof until 2011 when the ban was cancelled.
Until 2009, it was acceptable for employees in many fields of work to consume medium quantities of alcohol during work hours. However, occupational safety legislation has since tightened down and has induced a significant decrease of alcohol consumption during work hours.

Drinking and driving

Germany has strict laws regarding operation of motor vehicles under the influence of alcohol and other psychoactive substances. There are a series of different rules and penalties tied to various blood alcohol levels.
Penalties start at a €500 fine and one-month license suspension. Above 0.11%, the penalty is a €500 fine and the withdrawal of the driver's licence for at least six months, but usually about one year ; from 0.16%, reissue of the licence requires a successful Medical Psychological Assessment, often referred to as the Idiotentest. For violators above 0.11% within ten years of a prior offence above 0.05%, there is a minimum € fine and a one-year licence withdrawal; the driver has to successfully pass an MPU and is required to prove to the court that they have been sober for the last twelve months, before they can get their licence back. For repeat offenses, the fine is multiplied by the ordinal of the offence, regardless of the amount by which the driver was over the limit. These minimum penalties are usually exceeded by the German courts. From 0.11%, the courts usually also require the DUI offender to do unpaid community service.
In addition to fines, impaired drivers are generally given points in the Fahreignungsregister, which is managed by the Kraftfahrt-Bundesamt in Flensburg.
It is however legal to consume alcohol while driving, provided the driver remains under the legal blood alcohol limits.

Licensing laws

On-license

The permit is not required if alcohol-free beverages, free samples, prepared food is sold or administered or in connection with an accommodation establishment beverages and prepared food is delivered to residents. Every other establishment which does not apply to this scheme requires a . A liquor license is generally required when alcoholic beverages are served or sold for consumption on premises.
Rules and Regulations
On-licence premises have to place a clearly legible notice with the restrictions of the Protection of Young Persons Act and the bartender must ensure that alcoholic beverages may not be sold or served to underage or visibly intoxicated persons. Operator of a licensed premises are not allowed to force their customers to buy a meal with a drink or change prices if a customer does not order a meal. Changing prices if a customer does not buy an alcoholic drink is also against the law, and every licensee must ensure that there is at least one non alcoholic drink that is cheaper than the cheapest alcoholic drink.
Closing hours
for bars and discotheques are appointed mostly by state legislation. Within the past 10 years many states have abolished the closing hours for licensed establishments. Most states have retained the so-called Putzstunde, which refers to the 1–2 hours during which licensed premises are not allowed to serve their customers.

Off-licence

Germany does not require any licenses for the production, wholesale, or retail sale of alcoholic beverages.