The Higher Administrative Court confirms in an urgent procedure: arcades in Bremen must maintain a minimum distance from schools

With three decisions of November 14, 2023, the Bremen Higher Administrative Court confirmed decisions of the Bremen Administrative Court with three largely identical decisions, according to which arcades in Bremen that do not maintain a minimum distance of 500 meters from certain schools cannot claim permission in the interim legal protection procedure.

In order to further regulate the arcade sector, the Bremen legislature has inserted a new reason for refusal into the Bremen arcade law with effect from July 1, 2022. According to Section 2 Paragraph 2 No. 5 BremSpielhG, the granting of an arcade permit must now also be refused if an arcade is less than a minimum distance of 500 meters as the crow flies from a school (certain types of schools). Several arcade operators had nevertheless applied for provisional permits to be issued for their arcades that did not maintain the minimum distance from schools and, following the official rejection, turned to the administrative court. They consider the regulation to be unconstitutional because it – at least in combination with the other restrictions under arcade law – leads to a disproportionate interference with their rights.

After the administrative court had already not followed the arcade operators’ arguments, they were now also defeated by the higher administrative court. In justifying its decisions, the responsible 1st Senate stated, among other things, that the distance requirement from schools had a legitimate purpose. The introduction of this minimum distance serves to protect children and young people; In particular, the aim is to counteract the habituation of children and young people to the offer of arcades as a (supposedly) harmless leisure activity. Preventing and avoiding the dangers of addiction posed by gambling in arcades as early as possible and protecting children and young people are particularly important public welfare goals, as gambling addiction can lead to serious consequences for those affected, their families and the community. The distance requirement from schools contained in Section 2 Paragraph 2 No. 5 BremSpielhG is also suitable for achieving these goals. Milder, equally effective means are not apparent. This also applies in view of the “OASIS” player blocking system, newly introduced certification requirements and other restrictions in the arcade sector. Furthermore, the legislature has leeway in assessment and forecasting.

Any permissions granted under previous law would not continue to exist in the specific case. In addition, the arcade operators would not have been able to form any trust worthy of protection that old permits would continue to exist.

The decisions are final.

Source: Higher Administrative Court of the Free Hanseatic City of Bremen