Court dismisses appeal against distance rules for Berlin gambling venues
Betting shops argued that they were prejudiced by the law.
Germany.- Berlin’s administrative court has dismissed an appeal from operators against the city’s minimum distance requirement for gambling venues. The German capital introduced a new law in 2020 that imposed a minimum 500m distance between gaming halls and betting shops.
Betting shop operators, who were not named in proceedings, had complained that they are prejudiced by the rules, which limit the possibility of establishing sports betting outlets. The State Office for Citizens and Regulatory Affairs (LABO) has blocked planning permission for several betting venues as a result of the rules.
The plaintiffs argued that the rule was a violation of European law and that the distance requirements did little to protect minors and vulnerable groups. However, the court dismissed the complaints, taking the opinion that European law makes exceptions for gambling, allowing individual jurisdictions to impose their own regulations. It also took the opinion that the rule served to protect players.
The court also confirmed another rule that states that the same company cannot have venues within 2,000m of each other. Another rule prohibits venues from being within 200m of schools or other venues for young people.
The court said that due to the importance of the case, its decision may be appealed at the Berlin-Brandenburg Higher Administrative Court. Other rules imposed by Berlin’s controversial gambling legislation include limits on operating hours and a limit on the number of gaming devices at each venue to three.
The law is reported to have led to a steep drop in the number of gaming arcades in Berlin. In 2021, there were reported to be 584 venues in the city, down 80 per cent from 2011.
New chair of German gambling regulator
Meanwhile, the German gambling regulator Gemeinsamen Glücksspielbehörde der Länder (GGL) has named Udo Götze as its new chair. He replaced Jorg Sibbel from July 1.
The German regulator only became fully functional in January but its regulations state that a new chair must take over on July 1 every year. Germany’s 16 federal states take turns choosing the chair. Götze is a state secretary at the Ministry of the Interior and Municipal Affairs in the Free State of Thuringia.
