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The German laws regulating alcohol use and sale are mostly focused on youth protection. In contrast to many other countries, the legislation is not designed to keep young people away from alcohol completely, but rather to teach them an appropriate approach to alcohol consumption. Drinking age[edit]German Jugendschutzgesetz (Youth Protection Law): Underage drinking in private is not regulated by a specific legal restriction. However, protection from physical and mental harm is part of parents' general obligation to care for a child.[1] Regarding alcohol purchase and alcohol consumption in public places (such as pubs and restaurants), Germany has three drinking ages regulated by § 9 Jugendschutzgesetz[2] (Protection of Young Persons Act):
This results in three different drinking ages depending on the type of alcoholic beverage and circumstances:
Those limits do not apply to married adolescents. (§ 1 JuSchG (5)) Because of moral panic involving excessive alcohol use among minors (a 16-year-old boy died after having consumed 45 shots of tequila in a bar in early 2007),[3] some people demanded that the drinking age be raised. Most politicians, however, spoke against that notion, pointing out instead that such use was already forbidden according to current laws, which simply needed to be enforced.[4] In Germany and the rest of Europe, alcohol consumption by adolescents is traditional and generally accepted.[5] A study by the RWI Essen found a correlation between reaching the age of 16 and then starting to consume more alcohol and committing more crimes.[6] The Deutsche Hauptstelle für Suchtfragen [de] (German Centre for Addiction Issues) recommends raising the drinking age for all alcoholic beverages in Germany to 18 years.[7] In a representative survey conducted on YouGov in 2015, a majority of the 1252 participants were in favor of raising the minimum age for light alcoholic beverages in Germany to 18.[8] Burkhard Blienert, Federal Government Commissioner for Addiction and Drug Issues, spoke on the subject of the drinking age in Germany and is in favor of raising it to 18 for all types of alcoholic beverages and abolishing the regulation of "begleitetes Trinken" ("accompanied drinking") from 14 years of age.[9] Enforcement[edit]Police operation in Bensheim (Hesse). Several young people have to dispose of illegally obtained alcoholic beverages in the sewers, because they have not reached the required age limit. In 2008, the federal state of Lower Saxony started a series of trap purchases, conducted by specially trained police cadets, aged 16 or 17, who pose as customers. In 77% of all tests alcohol was sold illegally in shops, filling stations and kiosks. In 2009, about 3000 trap purchases were carried out in Lower Saxony, in 1327 cases (44%) alcohol was sold without age verification to underage persons. Hundreds of summary proceedings led to administrative fines ranging from 500 to 3000 euros. The standard rate for the illegal sale of one bottle of spirits is 1500 euros. Thus, alcohol trap purchases bring a return of around €2 million annually. Other German states, especially Schleswig-Holstein, are considering implementing the Lower Saxony model, but states like Berlin, Brandenburg, Saxony-Anhalt, Thuringia and Baden-Württemberg object to it. Violation of restraints will involve prosecution for vendors who sell alcohol to underage persons and also for bystanders who do not intervene in underage drinking. Although restrictions are nationwide and well-known, some salespersons violate the law at times. Minors themselves can never be prosecuted for alcohol consumption under age. Supermarkets and stores generally check minors for their identity card. The law is less thoroughly enforced in many bars and restaurants, but this can vary by location. Fines for violation[edit]Under the Protection of Young Persons Act selling, furnishing and supplying alcoholic beverages in licensed premises, at points of sales or elsewhere in public by a person over the age of 18 years to a person under the required age limits is considered a misdemeanor. Violation can result in fines up to €50,000.[10] The "Bußgeldkatalog" of each state sets the possible fines for each violation of the act and varies slightly by state. In the state of Baden-Württemberg the Bußgeldkatalog for violation against the "Protection of Young Persons Act" provides following fines:[11]
Other legislation[edit]Alcohol consumption in public[edit]Alcohol ban in Göttingen's Nikolaistraße Public parties are prohibited nationally on Good Friday, and regionally on other holidays such as All Saints' Day. Buying alcohol remains possible at these times. The government maintains the right to restrict or ban the sale of alcohol for a certain time to maintain public order (§ 19 GastG).[12] Beyond this, Germany has very few restrictions on alcohol consumption in public. Exceptions are sometimes made in the context of football (soccer) matches involving rival teams, where police executives may ban the sale of alcoholic drinks inside stadiums and deny entrance to drunk people. In 2009, the private railway company Metronom, which operates in parts of Northern Germany, introduced a much-discussed complete ban on alcohol onboard their trains.[13] Some cities have banned alcohol consumption in certain areas and at certain times, such as Göttingen in Nikolaistraße on Saturdays and Sundays between 00:00 and 08:00, or in Hannover Hauptbahnhof (outside the existing bars and restaurants) until 2011 when the ban was repealed. Until 2009, it was acceptable for employees in many fields of work (especially builders, gardeners and manual labourers) to consume medium quantities of alcohol during work hours. However, occupational safety legislation has since tightened down and has induced a significant decrease of alcohol consumption during working hours.[14] Drinking and driving[edit]Germany has strict laws regarding operation of motor vehicles under the influence of alcohol and other psychoactive substances. There are a series of different rules and penalties tied to various blood alcohol levels.
Penalties start at a €500 fine and one-month license suspension. Above 0.11%, the penalty is a €500 fine and the withdrawal of the driving licence for at least six months, but usually about one year (penalty is set by the court); from 0.16%, reissue of the licence requires a successful medical-psychological assessment (MPU), often referred to as the Idiotentest ("idiot test"). For violators above 0.11% within ten years of a prior offence above 0.05%, there is a minimum €1000 fine and a one-year licence withdrawal; the driver has to successfully pass an MPU and is required to prove to the court that they have been sober for the last twelve months, before they can get their licence back. For repeat offenses, the fine is multiplied by the ordinal of the offence (doubled, tripled, etc.), regardless of the amount by which the driver was over the limit. These minimum penalties are usually exceeded by the German courts. From 0.11%, the courts usually also require the DUI offender to do unpaid community service. In addition to fines, impaired drivers are generally given points in the Fahreignungsregister ("driving aptitude register", colloquially Verkehrssünderkartei, "traffic sinner index"), which is managed by the Kraftfahrt-Bundesamt ("Federal Motor Transport Authority") in Flensburg. It is legal to consume alcohol while driving, provided the driver remains under the legal blood alcohol limits.[16] Licensing laws[edit]Off premises[edit]Germany does not require any licenses for the production, wholesale, or retail sale of alcoholic beverages.[17][18] On premises[edit]The permit is not required if alcohol-free beverages, free samples, prepared food is sold or administered or in connection with an accommodation establishment beverages and prepared food is delivered to residents.[19] Every other establishment which does not apply to this scheme requires a Gaststättenkonzession [de]. A liquor license is generally required when alcoholic beverages are served or sold for consumption on premises. Rules and regulations[edit]On-licence premises have to place a clearly legible notice with the restrictions of the Protection of Young Persons Act (Jugendschutzgesetz)[20] and the bartender must ensure that alcoholic beverages may not be sold or served to underage or visibly intoxicated persons.[21] Operator of a licensed premises are not allowed to force their customers to buy a meal with a drink or change prices if a customer does not order a meal. Changing prices if a customer does not buy an alcoholic drink is also against the law, and every licensee must ensure that there is at least one non alcoholic drink that is cheaper than the cheapest alcoholic drink.[21] Closing hours[edit]Closing hours for bars and discotheques are appointed mostly by state legislation. Within the past ten years, many states have abolished the closing hours for licensed establishments. Most states have retained the so-called Putzstunde ("Cleaning hour"), which refers to the 1–2 hours (usually between 5 AM and 6 AM) during which licensed premises are not allowed to serve their customers.
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Which country has the youngest drinking age?The youngest legal drinking age in the world is 15, with both Mali and the Central African Republic allowing folks to drink at that time. Seven countries do not have a government-mandated drinking age, while 11 countries ban the consumption of booze entirely.
Can 16 year olds buy wine in Germany?How old do you have to be to drink alcohol in Germany? As others have answered, you can buy beer and wine at 16, spirits at 18.
Why do Germans drink at 16?Objective of defining a legal age for consumption of alcohol
The main objective of such German laws is to protect youth from severe alcohol consumption, which, if not done, may lead to a situation where these young people will have no control over their senses.
What is the legal drinking age for beer and wine in Germany?The Minimum Legal Drinking Age in Germany is 16 for both drinking wine and beer at an establishment and at home. However, the age raises to 18 when purchasing “spirits” (a.k.a. hard liquor), but 16-year-olds can buy beer or wine.
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