Why not make late-night outdoor seating a norm at all establishments past 10pm?
In a landmark decision, the Administrative Court of Berlin has ruled in favour of Bar Schwarzsauer, allowing the establishment to continue serving alcohol outside past 10 PM. The ruling, which took place on Kastanienallee, a street known for its complex and decades-old mix of noise sources, has set a significant precedent for similar cases in the city.
The decision comes after a resident living approximately 100 meters away complained about the noise from the bar's guests, claiming it was disrupting his sleep and affecting his health. However, the judges argued that closing the outdoor area at 10 PM would not improve the resident's sleep, health, or duration of sleep.
The ruling takes into account the street life as part of local life, including life in drinking establishments. The court compared the noise caused by guests after 10 PM to other noises in Kastanienallee at that time, including constant tram noise and frequent sirens from nearby emergency vehicles. The noise level at Bar Schwarzsauer was not found to be louder than these other noise sources.
The Pankow district office had previously ordered that alcohol service outside Bar Schwarzsauer must stop at 10 PM, with guests required to leave or move indoors. However, the court's decision allows the bar to continue serving its customers outside, providing a boost for the business, especially during warm summer nights.
The ruling has sparked debate in Berlin, with columnist Gunnar Schupelius suggesting that this situation cannot continue. He argues that Berlin is not a village, and there is no right to a silent night. He also implies that individual residents in Berlin are overly sensitive to noise, comparing them to the princess and the pea.
Despite the controversy, the court's decision is significant as it sets a precedent against suing hospitality establishments nationwide. It underscores the balance between rights to quiet enjoyment and economic and social freedoms, requiring objective evidence of substantial disturbance rather than isolated or minor inconveniences.
For those interested in the details of the ruling, it is recommended to consult the specific court decision or German local news sources from early August 2025 for the latest updates, as no current search results cover this topic. Meanwhile, Bar Schwarzsauer can continue to serve its customers outside past 10 PM, contributing to the vibrant nightlife of Berlin's Kastanienallee.
This decision favoring Bar Schwarzsauer allows outdoor-living to persist past 10 PM, harmonizing the lifestyle of patrons with home-and-garden tranquility within the urban fabric of Kastanienallee. The ruling acknowledges the noise levels from the bar are comparable to other sources, such as tram noise and sirens from emergency vehicles, thereby affirming an equilibrium between quiet enjoyment and urban activities.
