Opening a bar or club in Austria

Licence and type of business: bar, pub or discotheque

Serving wine, cocktails, spirits or draught beer is not covered by the freies Gastgewerbe. You need the trade licence for hospitality under § 111 Abs 1 GewO with a proof of qualification, or alternatively a managing director under trade law (gewerberechtlicher Geschäftsführer, § 39 GewO). How to provide the proof is explained in the post Hospitality licence in Austria, and the whole process in the roadmap for opening a venue.

When registering, you state the Betriebsart (type of business, § 111 Abs 5 GewO), for example bar, pub, cocktail bar, wine bar, nightclub or discotheque. Closing hours and approval depend on it. A bar where a DJ plays on Fridays and people dance quickly becomes something other than a quiet cocktail bar. Describe your concept honestly to the trade authority and in the premises approval, including music, dance floor and events. A later change of the type of business must be notified and can trigger a new premises approval.

Closing hours: state ordinance, municipality and guest garden

Under § 113 Abs 1 GewO, the Landeshauptmann sets by ordinance for each type of business when hospitality businesses must close (Sperrstunde) and when they may open (Aufsperrstunde). The times therefore differ by federal state and type of business. Check your state's closing hours ordinance and ask the municipality before you budget for opening hours until the early morning.

The municipality can allow individual businesses a later closing time (§ 113 Abs 3 GewO). It may not do so if neighbours have repeatedly been unreasonably disturbed by guests outside the venue, or if you have repeatedly been fined for exceeding the closing time. Conversely, it can impose an earlier closing time if there are problems (§ 113 Abs 5 GewO). At closing time, guests must be told in good time and leave the premises (§ 113 Abs 7 GewO). A separate, earlier time may apply to guest gardens.

Youth protection and responsible serving

In Austria, youth protection is a matter for the federal states, and each has its own Jugendschutzgesetz (youth protection act). For alcohol, largely uniform rules have applied since 2019: no alcohol may be sold to young people under 16. From 16 to 18, beer, wine and sparkling wine are allowed, but no spirits, not even in mixed drinks such as alcopops, cocktails or liqueurs. Curfews and access to venues and events, on the other hand, are regulated differently in each state. If in doubt, ask to see ID and train your team to do so.

Two obligations from the Trade Act apply nationwide: if you serve alcohol, you must offer cold non-alcoholic drinks on request, and at least two of them must be no more expensive than the cheapest cold alcoholic drink, calculated per litre and specially marked (§ 112 Abs 4 GewO). And you may not serve any more alcohol to people who disturb the peace and order because they are drunk (§ 112 Abs 5 GewO).

Noise, neighbours and events law

Music is a core product for a bar and the biggest problem for the neighbours. The premises approval under § 74 GewO examines whether noise unreasonably disturbs neighbours. For bars and clubs, expect a noise expert report and conditions on volume, soundproofing, sound locks at the entrance and windows that stay closed. A sound level limiter on the system is often the cheapest insurance against complaints.

Concerts, parties with an entrance fee, club nights or events outside normal operations may also fall under the Veranstaltungsgesetz (events act) of the respective federal state. Whether a notification or permit is needed depends on the state and on the type and size of the event. Ask the events authority of your municipality or Bezirkshauptmannschaft (district authority) before you plan an event series.

AKM licence and smoking ban

For music played in public you need a licence from the AKM, the Austrian music rights society, whether it is background music via streaming, radio, a live band or a DJ. For regular background music you sign a flat-rate contract; individual events with a DJ or band are registered in advance via the AKM customer portal. If DJs play purchased recordings, a surcharge for neighbouring rights applies. Some trade groups of the Wirtschaftskammer (chamber of commerce) have framework agreements for member businesses, so ask in your federal state.

Since 1 November 2019, a smoking ban has applied in all areas of a hospitality business that are open to guests, except outdoor areas (§ 12 Abs 1 Z 4 TNRSG, the Tobacco and Non-Smoker Protection Act). The ban explicitly also covers shishas and products that are burned or inhaled (§ 12 Abs 5 TNRSG). Indoor shisha bars are therefore no longer possible. As the owner, you are responsible for compliance and signage (§ 13c TNRSG).

Security and awareness

Above a certain size, a security concept is part of the job: entry, cloakroom, escape routes, maximum number of people according to the approval and an emergency plan. If you use external security, hire a company licensed for the security trade (Bewachungsgewerbe). More and more clubs also have an awareness concept: trained contact people for guests who feel harassed or uncomfortable, a clear procedure for incidents and information on the website and in the venue. It is not a legal requirement, but for many guests it is a reason to come back.

Drinks menu and price display

Under the Preisauszeichnungsgesetz (Price Display Act), prices for food and drinks must be clearly displayed, with quantities for drinks. This applies to the menu on the table, the board at the bar and the menu on your website. Which prices per glass cover your pour cost is quickly worked out with the drinks price calculator for bars. The two cheap non-alcoholic drinks under § 112 Abs 4 GewO must be specially marked. How to display the menu, happy hour and entrance fees correctly is covered in the post Price display in Austria. For cash and card payments, the cash register obligation applies.

Website with events calendar, Instagram and Google

Guests decide on the spur of the moment, often while already out: where is something happening tonight? An events calendar on your website with DJ nights, live music, quizzes or tastings answers exactly that question. Also publish every event as a post in your Google Business Profile and on Instagram. Your website should include: the drinks menu as text, opening hours per weekday, reservations for tables or groups, directions with a note on public transport and a complete legal notice (Impressum). How to take table bookings online is shown in the post Online reservations.