Munich, July 22 – The sale of take-away beer and other alcoholic beverages in Munich’s university district can be legally prohibited by the city during late-night hours, an administrative court has ruled. The decision, announced today, supports the city’s measure to curb disturbances caused by late-night revelers in the area.
Court Upholds City’s Right to Ban Sales
The Administrative Court of the Bavarian capital confirmed the legality of the sales ban for all alcoholic beverages for take-away between 10 PM and 5 AM. This ruling comes after a restaurateur, who sells bottled beer, challenged the prohibition. The court only overturned the threatened penalty of 5,000 euros for violations, deeming it unnecessary as the ban itself is sufficient.
The court had indicated its stance during a preliminary hearing yesterday, citing recurring gatherings of party-goers and associated noise in the area around Schellingstrasse in Schwabing. These gatherings, the court stated, could be attributed to those selling take-away beer.
Resident Complaints Prompt Action
The area surrounding the Ludwig-Maximilians-University (LMU), near the English Garden, is a popular nightlife spot with numerous pubs and restaurants. The city of Munich had received extensive complaints from residents regarding nocturnal noise, public urination in doorways and backyards, and broken glass around kiosks and eateries. These issues prompted the city to reinstate a ban that had been previously lifted last year, with the warning that it would be enforced if the situation did not improve.
At the beginning of this year’s outdoor season, all affected businesses had voluntarily committed to not selling bottled beer or take-away alcohol after midnight, according to city officials. Posters were also put up, appealing to party-goers to use toilets and bins and to keep noise levels down after 10 PM. However, these measures reportedly had little initial effect.
Further Legal Proceedings Awaited
According to a spokesperson for the District Administrative Department (KVR), the city will now await the outcome of further legal proceedings before making any final decisions. In September, the administrative court is scheduled to hear three similar lawsuits filed by kiosk owners. These hearings were originally planned for Tuesday but were postponed due to the illness of the plaintiffs’ lawyer.
Furthermore, the current judgment is not yet legally binding. It also includes the annulment of the requirement to prohibit the sale of other goods after closing hours, the ordered covering of goods, and the threatened penalty. The administrative court ruled that this requirement merely reiterated the legal prohibition and was therefore not necessary.
The Cultural Shift of Take-Away Beer
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