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gaming arcade: the commercial unit in the house on the corner of Habelstrasse and Heddernheimer Kirchstrasse is 60 square meters in size and up to five gaming machines can be set up there. PHOTO: judith dietermann”/>A betting shop until June, now a gaming arcade: the commercial unit in the house on the corner of Habelstrasse and Heddernheimer Kirchstrasse is 60 square meters in size and up to five gaming machines can be set up there. © Judith Dietermann
Law does not apply to grades 1 to 4
Arcades are not welcome in the districts. Local Advisory Board 8 (Heddernheim, Niederursel, Nordweststadt) also became aware when there were signs of a change in operator in the corner building at Heddernheimer Kirchstrasse 26c/Habelstrasse 12: from a betting office that had previously been located there to an arcade. Not only is it generally known that ATMs in particular increase the risk of addiction, according to a motion from the CDU that was passed unanimously and asked numerous questions.
Elsewhere 300 meters
In addition, the property is not even 100 meters away from the Robert Schumann School – although according to Hessian law, arcades must maintain a minimum distance of 300 meters from secondary school I and II schools. The application notes a regulation that unfortunately does not apply to primary schools.
There is a reason for this, as the magistrate explains in a statement that has now been published. The legislature, i.e. the state of Hesse, is of the opinion that arcades for children of primary school age are still of no gambling-relevant interest. This means that there is no risk that a gambling addiction could develop as a result. Therefore, such a distance regulation is not anchored in law.
What looks different for older children and young people, i.e. from the fifth grade onwards – she considers the country to be significantly more at risk. The distance between a secondary school or other institution that young people of this age attend must therefore be at least 300 meters as the crow flies.
For the arcade in Heddernheim, this means: Due to a lack of legal basis, the operating license could not have been refused. And a subsequent withdrawal is therefore not possible, explains the magistrate.
This was granted on June 10th of this year for the commercial unit on the ground floor at Habelstrasse 12. This is around 60 square meters in size and a maximum of five gaming machines with the possibility of winnings can be set up there. The operating license is valid until June 10, 2039 – i.e. 15 years.
Furthermore, requirements have been issued to ensure proper supervision of playing on the equipment by the staff present. The operator has not been given any building regulations regarding a change of use of the premises – a change of use from a bar and restaurant to an entertainment venue was approved in July 2019.
The magistrate explains that both betting shops and arcades were included. They should therefore be viewed as equivalent. Only the size has to be evaluated differently. The floor area in question is permitted as an arcade area – without ancillary rooms such as storage rooms, hallways, toilets, vestibules, stairs – in the mixed area, as the area is predominantly commercial on the ground floor. This means: In this case, a commercial conversion from a betting shop to a gaming arcade does not require a building permit.
Urban planning tensions
It is not possible to ban arcades or other entertainment venues from Heddernheim across the board, for example by changing the development plan. In this way, exclusions and restrictions could be justified exclusively with a view to the specific local conditions and urban development tensions. However, there are currently no other arcades in the area or on Kirchstrasse, so there are no known land rights tensions, according to the magistrate.
Nevertheless, incoming building applications must be carefully examined and further developments must be critically monitored to avoid trading down effects.
judith dietermann
