Outdoor catering halted: Administrative Court Regensburg declares outdoor seating licence unlawful

Outdoor catering repeatedly causes disputes between operators and residents. In a recent judgment, the Administrative Court Regensburg has stopped the use of an outdoor seating area – due to lack of specificity and insufficient noise protection.With order of 5 August 2025 (Az. RO 5 S 25.962), the Administrative Court Regensburg partially restored the suspensory effect of proceedings brought by a resident against a catering establishment licence. The central issue concerned an outdoor area (outdoor seating) immediately in front of the applicant's residential building. The court decided: the interior of the catering establishment remains permissible, but the operation of the outdoor seating must cease for the time being. The reasoning touches on central questions of catering law, in particular noise protection, protection of neighbours and the principle of specificity. The legal basis for neighbour protection is § 4 Abs. 1 Satz 1 Nr. 3 Gaststättengesetz (GastG), according to which the licence must be refused if harmful environmental effects or significant disadvantages to the public are to be feared. This provision explicitly protects immediate neighbours as well. In addition, there is the administrative law principle of specificity, in this case provided for in Art. 37 Abs. 1 BayVwVfG: administrative acts must be formulated so clearly that the permissible scope of use is unambiguously recognizable and can be monitored by the authorities. Particularly in the case of outdoor catering in residential areas, planning law requirements (§§ 30, 34 BauGB, BauNVO) must also be observed.§ 4 Abs. 1 Satz 1 Nr. 3 Gaststättengesetz (GastG) according to which the licence must be refused if harmful environmental effects or significant disadvantages to the public are to be feared. This provision explicitly protects immediate neighbours as well. In addition, there is the administrative law principle of specificity, in this case provided for in Art. 37 Abs. 1 BayVwVfG: administrative acts must be formulated so clearly that the permissible scope of use is unambiguously recognizable and can be monitored by the authorities. Particularly in the case of outdoor catering in residential areas, planning law requirements (§§ 30, 34 BauGB, BauNVO) must also be observed.

What was it about exactly? Outdoor seating a few centimetres in front of residential and bedroom windows

The party joined to the proceedings had applied for and obtained an unlimited catering establishment licence for a bar and restaurant business at the end of 2024. This included an outdoor area. However, neither the floor plan nor the room register contained exact dimensions regarding the length, width or exact location of this area. According to the applicant's account, the seating arrangements were located in some cases only a few centimetres in front of his residential and bedroom windows. He raised complaints about massive noise pollution caused by conversations, alcohol consumption and, in some cases, music, criticised the lack of buffer zones and the absence of a noise assessment. The inadequate provision of parking spaces and the regular obstruction of pavements and access routes were also objected to.

The court's decision: differentiation between interior and outdoor area

The Administrative Court clearly distinguished between the interior of the catering establishment and outdoor catering. For the interior, a valid building permit from 1969 was in place, which had binding effect in the catering establishment proceedings. The existing use protection had not lapsed and the use was permissible under planning law in the de facto general residential area. The court assessed the outdoor seating differently. This was not included in the old building permit and therefore had to be examined independently. The licence was in that respect presumably unlawful because the required specificity was lacking. Without precise dimensional specifications, it could not be monitored whether the use remains within the approved scope, and neighbour protection could not be effectively ensured in that way. Moreover, the authority had not carried out a reliable noise assessment. Conditions such as closing time at 10 p.m. or a ban on external loudspeakers were insufficient given the immediate proximity to residential rooms. In a general residential area, there is an elevated need for quiet, which must also be taken into account during the day.

Practical consequences for operators and neighbours

The decision clarifies that outdoor catering areas in catering establishment licences must be described precisely. Location, size and scope of use must be clearly specified. Operators should furthermore submit a professional noise assessment early on in order to avoid conflicts with residents. Neighbours, in turn, can rely on the third-party protective nature of § 4 GastG if they are exposed to unreasonable immissions. Formal defects such as an unspecified licence can be sufficient to stop the operation of outdoor catering by court order.

Conclusion and recommended action

The decision of the Administrative Court Regensburg (VG Regensburg) demonstrates how important it is to structure catering establishment licences precisely and in a legally sound manner. Operators should take the requirements of the principle of specificity seriously and also define outdoor areas that do not require authorization under building law in a legally clear manner under catering law. Residents have good prospects of successfully defending themselves against unreasonable nuisance if the licence is formally or substantively defective. If you are a publican planning outdoor catering or a neighbour affected by noise and other disturbances, you should seek specialist legal advice at an early stage. Our law firm specializing in administrative law AVANTCORE Rechtsanwälte in Stuttgart will review your legal position, guide you through the licensing process or represent your interests in court – competently, with experience and determined to enforce your rights. /vg-berlin-laesst-vorverlegung-der-sperrzeit-nicht-zu /aussengastronomie-bei-wiederholten-laermbeschwerden