The administrative court in Braunschweig has issued a number of rulings for arcade operators by lawyer Prof. Dr. Heinze, legal advisor to the Lower Saxony Association of Slot Machines, decided in favor of the arcade operators.
Entry age does not generally have to be raised to 21 years
In individual arcades, which can continue to be operated with an old license under Section 24 GlüStV, the entry age does not generally have to be raised to 21 years as long as the existing gaming license is still valid (VG Braunschweig, Az. 1 B 90/23).
“For amusement arcades, for which a still before the entry into force of the Nds. Gaming Hall Act (…) has been granted (…), from April 1, 2023 there is no legal obligation to ensure that (…) access is only granted to persons over the age of 21,” said the Braunschweig Administrative Court in its decision .
No second waiter
In any case, the age of entry does not have to be raised in association arcades, nor does a second supervisor have to be used (VG Braunschweig, Az. 1 B 80/23).
“For arcades for which (…) a certificate according to § 5 NSpielhG has not yet been issued by an accredited testing organization, there is no legal obligation from April 1, 2023 to ensure that at least one person supervises the arcade on site and access is only permitted to people over the age of 21”, according to the VG Braunschweig in its decision on associated arcades.
Confirmed in a frequently emphasized legal opinion
“My clients and I feel confirmed in the legal opinion that has already been emphasized many times,” says attorney Prof. Dr. Heinze on the decisions of the administrative court.
He continues: “We have always taken the view that Lower Saxony’s arcade law does not contain any general regulation raising the age of entry. We were also unable to find a legal justification in the legal text that arcades that are not yet certified would have to use a second supervisory authority.”
The mere will of the legislature is not sufficient as justification. “Such a will must also find its way into the legal text,” says Heinze.
Decisions only work in favor of operators who have defended themselves with urgent applications
The decisions of the administrative court in Braunschweig only work in favor of the operators who have defended themselves with urgent applications. Gaming arcade operators who have waived urgent legal protection are recommended to continue to adhere to the legal opinion of the Ministry of Economic Affairs in order to avoid administrative offense proceedings.
The decisions are not yet final. The unsuccessful licensing authorities can lodge a complaint with the Lower Saxony Higher Administrative Court.
