Hotel and catering industry, legal stipulations

In order to meet the requirements for a licence to be issued, you must demonstrate, among other things, that the premises to be used for the hotel and catering business are suitable (by means of construction drawings/floor plans of all business areas incl. rooms designed to accommodate staff). The licence-holder is responsible for ensuring correct implementation of all applicable stipulations.

The areas in which employees work (and live) must both meet general provisions as a minimum, and in particular immission protection, hygiene and employment law stipulations. The Hamburgische Bauordnung (Hamburg Building Regulations) also applies.

a) Guests' bedrooms must not be located within your own or other third parties' living quarters.
b) All accommodation must have its own access from the corridor.
c) Access doors must be identified by consecutive numbers and be lockable both from the outside and from the inside.
d) Single rooms must be at least 8 square metres in size; multi-bed rooms require an addition floor area of at least 4 square metres per additional bed. Adjoining rooms (particularly bathrooms and WCs) are not included.

Toilets

The following toilet facilities must be provided where drinks and food are served:

Where food and drinks are served in an area up to and including 50 square metres, the requirements to install a flushing toilet may be met by allowing shared use of the staff toilet provided this is not in breach of labour law stipulations.

Toilets may not, without exception, be blocked by coin-operated devices or accessible only after payment.

Kitchens

Kitchen facilities depend on operational conditions.

Curfew regulation in the Free Hanseatic City of Hamburg

In accordance with the curfew order in the catering and hospitality sector, the following rules apply in relation to hours of curfew:

1. The curfew begins at

a) 5.00 am for establishments serving food and drinks as well as for gaming arcades
b) At midnight for musical performances, exhibitions, entertainment shows and other outdoor amusements

The curfew ends at 6.00 am.

There is no curfew on Friday and Saturday nights nor on 1 January, 1 and 2 May (Does not apply to open-air events).

Neither is there any curfew on operations and performances at fixed folk festivals and markets. You will find the full curfew order along with the Hamburg Hospitality Order here.

Additional services

Under § 7 of the Hospitality Act, you may also provide guests with additional goods and services outside of statutory shop opening times. There may very well be differences in the scope of these goods and services due to variations in the nature and size of individual establishments' business activities (e.g. between a pub and a luxury hotel).

The legislator stipulates that additional goods and services must form a necessary and justified complement to the main service; they may be provided only to guests, i.e. to individuals who have also received a hospitality service.

Additional goods and services include:

Establishments in the hospitality sector may also serve, outside of statutory shop closing times and hours of curfew, and for immediate consumption on the premises

The wording "for immediate consumption" is undoubtedly flexible; for example case law has deemed the sale of a crate of mineral water or of bottled beer to be permissible.

The opportunities for the sale of good cited in principle apply equally to mixed businesses operating both in the hospitality sector and as a retailer (e.g. refreshment stands). For the time being, such businesses generally also require a catering licence, which is a requirement for the business to be permitted to open outside of statutory shop closing times. It is thus possible to serve guests drinks and prepared meals for immediate consumption on the premises and provide additional goods during all closing times. The retail operation will be subject to the Shop Closing Act.

Price information and stipulations in the hospitality industry

In the hospitality industry, consumers are informed of prices by means of price lists. These must be displayed in all pubs, restaurants and similar establishments where food and drinks are served. One important foundation for displaying prices is the Regulation Governing the Display of Prices (PAngV) of 14.03.1985. This regulation contains the most important principles regarding pricing information for the goods and services on offer in retail outlets, in the services sector and in the hospitality and accommodation industry.

Price lists must be displayed or provided as follows:

Everything that is served by the establishment must be priced. The priced indicated in the price lists must be final prices, i.e. they must include any additional charges (e.g. VAT).

The design of food and drink menus must also take into account the following rules:

1. "Starting at", "approx." and "to" price indicators are not permitted
2. Neither are statements such as "price by weight or size" permissible
3. The volume of drinks to be served must be indicated

Particular note should be made of the pricing stipulation for non-alcoholic beverages (§ 6 of the Hospitality Act):
"Where the serving of alcoholic beverages is permitted, non-alcoholic beverages must also be available on request for consumption of the premises. Of these, at least one non-alcoholic beverage must be no more expensive than the same quantity of the cheapest alcoholic beverage. The licensing authority may permit exceptions for beverages dispensed from vending machines."
Explanation: It should be noted here that with regard to this wording, the legislature - in this case the national government - does not stipulate, nor even demand, a price comparison method based on the "total bill" e.g. on the price per litre of non-alcoholic and alcoholic beverages ("relative price comparison").

In monitoring breaches, it is the absolute price ("absolute price comparison") of a non-alcoholic beverage, and not the comparative price per quantity that is the deciding factor for the legislature. Therefore, if the smallest quantity of non-alcoholic and alcoholic beverages served is the same (e.g. 0.25 l), then, and only then, is the price of the non-alcoholic beverage not permitted to be more expensive than the alcoholic beverage in terms of absolute price.

If drinks are not served in comparable quantities it is sufficient, regardless of the volume served, if an alcohol-free beverage in terms of absolute price is cheaper and not more expensive than all the alcoholic beverages served.

Displaying price lists

To improve the visibility of prices to consumers, a price list must be displayed by the entrance to the establishment. This is designed to give guests the opportunity before they enter the premises to look at the pricing levels without difficulty. This price list needs to display only prices for the principal food and drinks served (if the hospitality business forms part of a trading business, the price list needs to be displayed only at the entrance to the hospitality section of the business).

Since 1.1.2003, owners or managers of businesses providing accommodation have been required to erect or display a price list in a clearly visible spot only at the entrance or guest check-in area; these price lists must make clear the cost of widely available rooms as well as of breakfast. Prices shown on the price list must include service charges and any other supplementary charges.

Where a telephone is available for use, the price charged per unit must be indicated close to the telephone itself, when rooms are let, and in the room rates.

Protection of minors

All hospitality workers must observe the provisions of the Protection of Minors Act (JuSchG).

Additionally, under § 3 of the Protection of Minors Act (JuSchG), a clearly visible and easily legible notice must point to the current rules under §§ 4 to 13 of the Protection of Minors Act (JuSchG).

Protection of non-smokers

Since January 1, 2010 there is a general ban on smoking in restaurants, offering prepared dishes. In restaurants disposing of one guest-room and a guest-area of less than 75 m², smoking is allowed, provided that no prepared dishes are offered. For persons, younger than 18 years, entry is refused. These restaurants must be signed in a specific way.

Parking for car drivers and cyclists

Hamburg building regulations stipulate that, at sites where traffic is expected to arrive and leave, parking opportunities of a sufficient quantity and size should be constructed for car drivers and cyclists. The number of parking spaces should be in accordance with the type and volume of existing and expected vehicles and bicycles belonging to regular users and visitors. In the hospitality industry, a differentiation is made, among other things, between establishments serving food and drinks (calculated in relation to the available seating), establishments offering accommodation (calculated in relation to the hotel rooms available) and establishments with standing room only (calculated according to the standing room available to guests). Parking spaces must be allocated on the premises or on suitable land close by. Essential parking spaces may not be used for any reason other than their designated purpose.

If it is impossible, or achievable only by overcoming unreasonable difficulties, to comply with the stipulations above to create parking e.g. on the premises or close by, the underlying obligation to create parking must be met by payment of a settlement to the Free Hanseatic City of Hamburg. Payment must also be made where the construction of parking spaces is prohibited due to the expected or continuous excess burden on public highways in the vicinity of the business premises or at nearby traffic intersections.

The level of settlement is governed by the "Act Governing the Level of Settlement for Parking Spaces (Settlement Act)". An additional sum of –10,000 is payable per vehicle parking space required for construction projects within the inner city area, and of –6,000 for projects in the rest of the Hanseatic City of Hamburg; settlement payments for bicycle parking spaces are 1/10 of the amounts above. Further information regarding overall guidelines for essential parking spaces is available in our leaflet covering the requirement to provide parking spaces.