Berlin to Overhaul Restaurant Law: Focus on Deregulation and Extended Outdoor Dining
Berlin, March 12, 2026 – The Berlin Senate has introduced a draft for a new restaurant law, promising significant relief for the city’s gastronomy sector and an improved experience for guests. The proposed legislation, championed by Economic Senator Franziska Giffey (SPD), aims to reduce bureaucracy, extend outdoor dining hours, and introduce a more digitized, ‘one-stop-shop’ approach for new establishments.
Extended Outdoor Dining Hours for Lively Districts
One of the most anticipated changes is the extension of outdoor dining hours. Restaurants, cafes, bars, and pubs in designated entertainment districts will be allowed to serve guests outdoors until 11:00 PM from Sunday to Thursday, and until midnight on Fridays, Saturdays, and before public holidays. Currently, outdoor service typically ends at 10:00 PM, with exceptions requiring individual applications.
Senator Giffey identified areas with a high concentration of bars, restaurants, and clubs, which attract many visitors in the evenings and nights, as potential entertainment districts. Examples include Kastanienallee in Prenzlauer Berg, Winterfeldtplatz in Schöneberg, and Simon-Dach-Straße in Friedrichshain. Districts will also have the authority to define additional areas as entertainment zones.
A crucial condition for these extended hours is that outdoor dining must not be perceived as ‘disruptive.’ In cases of significant noise pollution for residents, districts can still take measures, including limiting operating hours. The issue of noise has historically been a point of contention and legal disputes, and the new regulations are not expected to fully resolve this.
Simplified Procedures: From Permit to Notification
The new law will significantly streamline the process for aspiring restaurateurs. Instead of lengthy and complex permit procedures, a simple notification will suffice to open a gastronomic establishment. For businesses serving alcohol, a reliability check will be conducted immediately. The new system will also eliminate duplicate checks by various specialized authorities and reduce the need for certain proof requirements, such as training for employees, infection protection, and youth and non-smoker protection.
“We want anyone who decides to open a restaurant today to be able to start within six weeks,” said Giffey, highlighting the current processing times of several months. This move is expected to significantly accelerate the establishment of new businesses.
Digitalization and the ‘One-Stop-Shop’ Principle
A central pillar of the reform is digitalization. The concept of a ‘one-stop-shop’ aims to provide comprehensive support to new gastronomic businesses from a single source, even though notifications under commercial law, restaurant law, and immission control law will remain legally independent. The underlying idea is to facilitate data exchange between authorities, preventing redundant information requests and speeding up approval processes. A digital restaurant assistant is envisioned as a key element of this approach.
Modernized Toilet Regulations
The existing strict separation of toilets by gender will be relaxed. For establishments larger than 50 square meters requiring multiple toilets, half must be available for women. The remaining toilets can be designed flexibly, for example, as men’s, unisex, or all-gender facilities. Existing businesses will have a ten-year transition period to adapt to these new requirements.
Why a New Restaurant Law?
Berlin’s gastronomy sector, comprising nearly 20,000 restaurants, cafes, bars, clubs, and pubs, employs approximately 100,000 people. “It is therefore an enormous economic factor and shapes the lifestyle and vibrancy of the city,” Senator Giffey emphasized. By introducing its own state law, Berlin is moving away from the federal law of 1970 and a state ordinance in force since 1971, making restaurant law “fit for the capital.”
“With our new Berlin Restaurant Law, we are making our city more hospitable and making it easier for our restaurateurs to do their work,” Giffey stated. “For Berlin’s gastronomy businesses, less bureaucracy and digitized procedures mean more time for service, guests, and creativity.” The law also aims to achieve a fairer balance between economic interests and the protection of residents.
Industry Welcomes the Plans
The Hotel and Restaurant Association Berlin (Dehoga) has reacted positively to the plans. “We welcome the state of Berlin’s goal of relieving the gastronomy sector through deregulation and more efficient administrative processes,” said Gerrit Buchhorn, CEO of Dehoga, to the German Press Agency. The planned improvements for outdoor dining were also seen as positive. “We will make a final assessment once the concrete draft law is available.”
Next Steps for the Legislation
The draft law will now be considered by the Council of Mayors before further discussion in the House of Representatives. According to Giffey, the law, which may still undergo amendments, is scheduled to be adopted by parliament on July 2.
Source: hogapage.ch
