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Gambling hall permit


Anyone wishing to build and operate an arcade requires the permission of the competent authority in accordance with § 2.1 sentence 1 of the Lower Saxony Gambling Hall Act (NSpielhG).

Since these permits may only be granted for a limited period of time (up to 10 years), a new permit is required in accordance with § 2 (3) in conjunction with (1) NSpielhG.

Pursuant to § 2 (1) sentence 2 NSpielhG, these licences are also valid as licences pursuant to § 24 (1) of the Interstate Treaty on Gambling 2021 (GlüStV 2021).

Process flow

For gambling halls, there is a ban on practising with the reservation of permission. This means that the operation of an arcade may only be started if the permit has been granted after a written application for permission. It is therefore strongly recommended that you submit your application as early as possible.

Who should I contact?

Responsibility lies with the district, the independent city, the large independent city and the independent municipality.

This procedure can also be carried out via a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

Competent authority

Pursuant to § 1 (1) sentence 1 in conjunction with no. 1 of the annex to § 1 (1) ZustVO-Wirtschaft, the trade office of the district, the independent city, the large independent city or the independent municipality in whose area an arcade is to be operated, is responsible for processing the application.

Requirements

  • Identity card or comparable identity document
  • Certificate of good conduct
  • Information from the Central Trade Register
  • Clearance certificate from the tax office
  • Information from the list of debtors
  • For legal entities:
    • If applicable, power of attorney
    • Excerpt from the commercial or association register
  • Floor plan for the operating rooms for the commercial operation of an arcade (in 3 to 5 versions)
  • Usable area calculation
  • for new furnishings:
    • Usage permit or building permit
  • Certificate according to § 5 NSpielhG
  • Proof of competence in accordance with § 7 para. 9 NSpielhG for the applicant or for a person commissioned to manage the gambling hall

The competent authority may request further documents in individual cases. In the case of traders from another EU member state or an EEA member state, documents issued in the country of origin can be used that prove that the requirements for the reliability and orderly financial situation of the trader are met.

Permission for gambling hall is excluded if

  • the gambling hall for which the permit is applied for does not comply with the minimum distance of 100 metres from a neighbouring arcade that is permissibly operated or the minimum distance regulated differently on the basis of a municipal ordinance,
  • the arcade for which the permit is applied for is to be operated in a structural association with another arcade,
  • a betting agency is permissibly operated in the building or complex of buildings in accordance with § 8 NGlüSpG,

the operation of the gambling hall for which the licence is applied for would be contrary to the aim and purpose of § 1 GlüStV 2021.

Which documents are required?

  • Certificate of good conduct
  • Information from the Central Trade Register
  • Clearance certificate from the tax office
  • Information from the List of debtors
  • Floor plan for the operating rooms for the commercial operation of an arcade (in 3 to 5 versions)
  • Usable area calculation
  • for new furnishings:
    • Usage permit or building permit
  • Social concept to explain which measures are to be taken to prevent the socially harmful effects of gambling on gaming machines or how these are to be remedied (cf. § 6 of the Interstate Treaty on Gambling (GlüStV) in conjunction with the appendix "Guidelines for the Prevention and Combating of Gambling Addiction" to the GlüStV)

The competent authority may request further documents in individual cases. In the case of traders from another EU member state or an EEA member state, documents issued in the country of origin can be used that prove that the requirements for the reliability and orderly financial situation of the trader are met.

What are the fees?

Fees are payable in accordance with Annex 1 to § 1 paragraph 1 of the General Fee Schedule of the State of Lower Saxony (AllGO) in accordance with No. 40.1.10 and No. 57.1.7.1.

Fee: 4000,00 - 20000,00 EUR
Payment in advance: No

What deadlines do I have to pay attention to?

Holders of valid permits may submit applications for follow-up permits for the business concerned at the earliest two years before the expiry of the previous permit. The same applies if an application for a licence is made for an arcade that does not maintain the prescribed minimum distance to a legally operated arcade or would be structurally linked to a legally operated arcade (§ 2.3 NSpielhG).

Otherwise (e.g. in the case of business start-ups) there are no application deadlines.

Legal basis

Applications / forms

  • Forms: none
  • Written form required: no
  • Personal appearance at the time of application may be required, personal collection is not required.

Online procedure possible: yes

Appeal

If there are legal doubts or concerns on the part of the addressee (usually the applicant) about the decision on the permit or details of it, these can be reviewed by way of an action for an obligation or rescission at the competent administrative court, depending on the legal nature. In Lower Saxony, preliminary proceedings are not provided for by § 80 of the Lower Saxony Justice Act. Therefore, no objection is admissible, rather an action must be brought directly before the administrative courts.

Technically approved by

Lower Saxony Ministry of Economic Affairs, Labour and Transport

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)