Munich, February 19 – A burger restaurant in Munich’s Schwabing district has been denied a permit to host DJ nights and live music, following a legal challenge that was ultimately withdrawn. The operator, Servus Ahoi GmbH, which runs ‘Hamburgerei’ and ‘Café Buur’ at Wedekindplatz, had sought to transform part of its premises into a venue for late-night entertainment on weekends. The city of Munich rejected the initial application, citing concerns over zoning regulations and an incomplete noise protection assessment.
Restaurant’s Plans for Weekend Entertainment Hit Roadblock
The ‘Hamburgerei’, located in the bustling nightlife area of Wedekindplatz, aimed to capitalize on the throngs of revelers by offering DJ performances and live music after its regular restaurant hours on Friday and Saturday evenings. The proposed changes would have seen a section of the premises, which previously housed the legendary ‘Drugstore’, repurposed for this new entertainment concept.
Servus Ahoi GmbH, which operates a dual concept of ‘Café Buur’ for brunch and ‘Hamburgerei’ for burgers, filed a lawsuit against the city’s rejection. However, during oral proceedings before the Munich Administrative Court, it became clear that the company’s chances of success were slim. Consequently, the lawsuit was withdrawn, and the proceedings were closed.
Court Cites Flaws in Noise Protection Report and Operating Concept
A key point of contention was the city’s assertion that the restaurant is located in a general residential area, where stricter regulations apply and entertainment venues are generally not permitted. However, the presiding judge indicated that the Wedekindplatz area might be considered a mixed-use zone, allowing for both residential and commercial activities – an interpretation that would favor the restaurant.
Despite this, the judge criticized the submitted operating concept for the planned change of use, particularly concerning noise protection. While a noise protection report was provided, the judge deemed it to have several deficiencies. “On this basis, one cannot demand that the city issues the permit,” she stated.
The court also highlighted the lack of concrete details in the operating concept, such as the exact location and size of the proposed stage, the specific times of performances, the maximum number of visitors, and the expected noise levels during live music. “Without concrete information, it is difficult for those affected by noise to foresee where this is going,” the judge added.
Operator Vows to Resubmit Improved Application
Despite the setback, Servus Ahoi GmbH remains committed to its plans. Their lawyer announced that a new, revised application would be submitted soon, addressing the court’s concerns.
A representative for the restaurant emphasized in court that the planned entertainment would only be for “two times five hours a week – on Friday and Saturday evenings. The rest is continuous restaurant operation.” He also pointed out that the company had invested 150,000 Euros in improving sound insulation during a renovation three years ago, believing they had met all necessary requirements. “We invested a lot and assumed we had done everything,” he said.
Furthermore, the representative noted that there had been no noise complaints regarding the restaurant in recent years. He also highlighted the presence of numerous other establishments around Wedekindplatz where DJ music is played until the early hours of the morning several times a week. “It’s strange that we should be the only establishment to be denied this,” he remarked.
The future of DJ nights and live music at ‘Hamburgerei’ now hinges on the revised application and the city’s subsequent decision. The case underscores the ongoing challenges faced by businesses seeking to expand entertainment options in urban areas, balancing commercial interests with the concerns of local residents regarding noise and quality of life.
