The Higher Administrative Court in Münster (OVG NRW), which is responsible for North Rhine-Westphalia, has ruled that Decision of 09.04.2025 - Ref. 4 B 500/23 decided on the permissibility of stricter conditions for outdoor catering.

What was it about?

Two operators of a restaurant in an inner-city mixed-use area challenged an official order in summary proceedings. Among other things, a night-time closing time from 10 p.m. was ordered for outdoor catering and keeping the doors open between 10 p.m. and 6 a.m. was prohibited. The background to this was numerous complaints from neighbors and findings by the authorities regarding considerable noise emissions at night.

What did the court decide?

Outdoor catering

The Münster Higher Administrative Court rejected the operators' appeal. The extension of the closing time and the ban on keeping doors open during the night were lawful. The measures served to protect the peace and quiet at night in a densely populated residential area and were proportionate.

Central considerations of the court

  • Operator obligation for restaurant noise:
    An innkeeper is obliged to prevent avoidable noise pollution - not only through the business itself, but also through the behavior of its guests. This includes having an effective operating concept in place that also ensures compliance with night-time quiet hours.
  • TA Lärm as a benchmark:
    The guideline value of 45 dB(A) at night is also binding for catering establishments that do not require a permit, such as outdoor catering. The large number of documented violations - including music until the early hours of the morning and the use of outdoor areas well in excess of the permitted scope - justify official intervention even without a prior noise report.
  • No milder measure apparent:
    Despite many years of complaints and multiple discussions with the regulatory authorities, the operators had not implemented an effective concept to prevent noise. Even the installation of a noise limiter and the appointment of a doorman did not lead to an improvement in the situation.
  • Freedom to work vs. rest at night:
    The interference with the operators' freedom of occupation is justified by the overriding public interest in protecting the peace and quiet at night. The economic success of a business does not justify continued disturbance of the peace.

Our recommendation for affected restaurants with outdoor catering

Are you under threat of being prosecuted for noise pollution? Or have such requirements already been imposed on you? We recommend the following steps:

  • Check your restaurant license with regard to operating hours, outdoor catering and music.
  • Develop a resilient operating conceptwhich documents compliance with TA Lärm - if necessary by means of an acoustic expert opinion.
  • Respond to complaints at an early stage and develop practicable solutions in dialog with the authorities before formal orders are issued.
  • Take advantage of legal advice from an expert lawyer at AVANTCORE Rechtsanwälteto take effective action against disproportionate requirements or to avoid them with legal certainty.

AVANTCORE Attorneys at Law - we can Administrative law.