Public entertainment; notification and application for a licence

If you wish to organise a public entertainment event, you must give the local authority written notice of this at least one week in advance, specifying the nature, location and time of the event, as well as the number of participants to be admitted. For regularly recurring public entertainment events of a similar nature, a single notification is sufficient. The notification requirement does not apply to events that serve primarily religious, artistic, cultural, scientific, educational or instructional purposes, or for commercial advertising, provided that the events take place in premises intended for events of the intended nature.

An entertainment is an event intended and suitable for entertaining, amusing, distracting or relaxing visitors. Assemblies within the meaning of the law on assemblies are not covered by this provision. An entertainment event is public if admission is not restricted to specific individuals or specially invited guests.

The organisation of public entertainment events requires a licence if the necessary notification is not submitted within the prescribed time limit, if the event involves motor sport, or if more than 1,000 visitors are to be admitted simultaneously to an event taking place outside facilities designated for that purpose. The local authorities are responsible for granting permits; for motor sport events, this responsibility lies with the independent municipalities, district offices and large district towns. Permission must be refused if it appears necessary to prevent danger to life, health or property, or to protect against significant disadvantages or significant nuisance to the general public or the neighbourhood, or against significant damage to nature or the landscape. The same applies where other provisions of public law preclude it.

To protect these legal interests, the local authorities, and in the case of motor sport events (see below ‘Related topics’), the independent municipalities, district offices and major district towns, may issue orders on a case-by-case basis regarding the organisation of public and other entertainment events. If these are insufficient or if other public law provisions preclude them, the event may also be prohibited.

Local regulations, the existence of which you can enquire about at the relevant local authority, may result in modifications to the aforementioned notification and licensing requirements as well as other requirements.

Special priority regulations may apply to certain events, about which you can also enquire at the local authorities. Examples include folk festivals, lotteries, casinos, aviation events, the setting off of pyrotechnic articles and – particularly significant in practice – cycling or motor sport events, as well as, where applicable, processions taking place exclusively or partly on public roads. For the latter events taking place on public roads, a traffic permit or exemption from the relevant road traffic authority is required, either as the sole requirement or in addition to other requirements.