Gambling halls - permit at the location Ordnungsamt Tempelhof-Schöneberg

Gambling halls - permit

Two permits are required, if you intend to commercially operate a gambling hall or an establishment with the sole or main purpose of providing gaming machines or arranging other types of gambling.
The permit pursuant to the Gambling Hall Act Berlin is granted for an unlimited period. In addition to this, you will need a permit pursuant to the State Gambling Treaty. This permit is granted for a limited period of time (currently until 30 June 2021).

When setting up the gambling hall, please ensure that the following legally stipulated minimum requirements are observed.

• The minimum distance to other gambling halls or similar establishments should be no less than 500 metres.
• The business must also not be operated in the vicinity of any facilities that are by nature or as a matter of fact frequented primarily by children or adolescents.
• A gambling hall must not be established in a building or a building complex in which sports betting is arranged for.

The following rules apply for the outer appearance of the premises:

• The inside of the premises must not be visible from outside.
• The outer appearance must feature no striking advertising signs or other forms of advertising promoting gambling in an encouraging or inviting manner.
• No advertising that promotes gambling or any games offered at the gambling hall, may be installed outside or in the direct vicinity of the gambling establishment.

The following rules apply for the interior design of the premises:

• No more than one gaming machine with cash or non-cash winning opportunities must be set up per 12 m² of floor space.
• No more than eight machines must be set up in total. If food or drinks are served in the gambling hall, no more than three gaming machines may be set up in total (maximum of two from 10 November 2019).
• The machines must be set up individually at a distance of at least one metre. They must be separated with a screen with a minimum depth of 0.80 metres from the front of the machine, and matching at least the height of the top edge of the machine.
• Information material about the risks of excessive gambling and information about offerings and contact details of qualified counselling services must be provided and displayed.

The following rules apply regarding the opening hours:

• Gambling halls may not open on Good Friday, Remembrance Day, Sunday before Advent, as well as on the 24th and 25th of December.
• Gambling halls may generally not open between 3 am and 11 am (off-time)

During the opening hours it must be ensured that at least one competent supervisor is present at the premises at all times.
Operators must develop social concepts and implement these in the gambling hall.
When drawing up the social concept, permit holders must consider how gamblers can be encouraged to engage in responsible gaming and which preventive or mitigating measures they can take to counteract the socially harmful consequences of gambling. Especially when the social concept is drawn up by external providers, it must be ensured that the presented social concept is in line with the individual requirements and conditions of the respective offerings or the gambling facility in question.

The following rules apply for youth protection and the prevention of compulsive gambling:

• Individuals under 18 years of age must not be granted access to the company premises.
• To implement this ban, entry to the facility must be controlled and an identity card must be provided, or the identity must be verified based on other suitable documents.
• The owner or the supervising staff must inform the gamblers about the related addiction risks of the games available, and must raise awareness of available consultation and counselling options, as well as encouraging players to engage in responsible gaming.
• VIndividuals with conspicuous gambling behaviour must be excluded from gambling. Suitable measures must be taken to establish effective banning systems.

A separate permit is required for setting up gaming machines with cash winning opportunities.

Operating a gambling hall or a similar establishment without the required permit or any violations of the legal provisions are considered an offence that may be punished with a fine of up to EUR 500,000.00.

Prerequisites

• Personal reliability
  Reliability is verified based on various documents. The applicant must submit an excerpt from the Federal Central Criminal Register (certificate of good conduct) and an excerpt from the Commercial Central Register.
• Expertise
  Evidence from the operator that they have successfully acquired knowledge of the legal bases for the intended operation, and for preventing compulsive gambling, and regarding interaction with affected individuals.
• Social concept
  Concept that provides for measures to prevent socially damaging effects of gambling.
• Location requirements
  The minimum distance (500 metres) to other gambling halls or similar establishments must be observed, and the business must also not be operated in the vicinity of any facilities that are by nature or as a matter of fact frequented primarily by children or adolescents. The conditions and the location must furthermore meet police and structural requirements, and fundamental youth protection principles must be observed.
  A gambling hall must not be established in a building or a building complex in which sports betting is arranged for.

Documents required

• Personal document
  Identity card or other official identification document containing a photograph.
  Residence permit, if the applicant is not an EU national.
• Certificate of good conduct
  Certificate of good conduct from the German Federal Central Criminal Register for presentation to an authority (certificate type 0).
  The certificate must be applied for in the municipality of residence (in the case of Berlin at any Citizens’ Office) for presentation to an authority. This means that it will be sent directly to the competent Public Order Office for the place of business. The certificates must be no older than three months.
  They can also be applied for with the Federal Office of Justice.
• Excerpt from the Commercial Central Register - natural entity
  Statement from the Commercial Central Register for natural entities, for presentation to an authority (certificate type 9).
  The certificate must be applied for in the municipality of residence (in the case of Berlin at any Citizens’ Office) for presentation to an authority. This means that it will be sent directly to the competent Public Order Office for the place of business. The certificates must be no older than three months.
  They can also be applied for with the Federal Office of Justice.
• Excerpt from the Commercial Central Register - legal entity
  Statement from the Commercial Central Register for legal entities, for presentation to an authority (certificate type 9).
  The statement must be applied for with the competent Public Order Office for the place of business.
  They can also be applied for with the Federal Office of Justice.
• Up to date excerpt from the Trade Register
  Registered companies are required to submit an up to date excerpt from the Trade Register when applying. Legal entities that are in the process of being established (GmbH, AG) are required to submit their partnership agreement or statutes.
• Floor plan
  Floor plan / other construction drawing of the business areas and ancillary rooms (ideally on a 1:100 scale).
• Social concept
  The applicant must provide evidence of a social concept, which provides for measures for preventing socially damaging effects of gambling.
  
  Further information is available in the document available here.
• Proof of expertise
  Each operator must provide evidence in the form of certification from a body authorised to implement the Gambling Hall Act Berlin, stating that they have successfully acquired knowledge of the legal bases for the intended operation and for preventing compulsive gambling, and regarding interaction with affected individuals.
  
  The operator must only employ individuals to work as supervisors at the gambling hall, who have a certificate of competence acquired in a training course about addiction prevention by a provider listed by the Senate Department for Economy.

Forms

• Application for the establishment of gambling halls or similar establishments
• Social concept information document for operators of gambling halls

Fees

Legal basis

• § 2 Gambling Hall Act Berlin (SpielhG Bln)
• Regulation for the implementation of the Gambling Hall Act Berlin (SpielhGV Bln)
• § 24 State Gambling Treaty for Germany (Glücksspielstaatsvertrag – GlüStV)
• § 6 State Gambling Treaty for Germany (Glücksspielstaatsvertrag – GlüStV)

Average time to process request

More information

• Information about commercial gambling law
• Information about privacy