Alcohol laws in Germany

The German laws regulating alcohol use and sale are some of the least restrictive in the world. The foremost function of restraints, as far as they exist, is youth protection. In contrast to many other countries (e.g. the United States), the legislation is not designed to keep young people away from alcohol completely, but rather to teach them an appropriate approach to alcohol consumption.

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. Regarding alcohol purchase and alcohol consumption in public places (such as pubs and restaurants), Germany has three drinking ages regulated by § 9 Jugendschutzgesetz(Protection of Young Persons Act):

§ 9 Alcoholic drinks
(1) The following bans shall apply to restaurants, stores and other points of sale:
1. Distilled spirits as well as drinks or food products containing distilled spirits above negligible level must not be sold to Children and Adolescents.
2. Other alcoholic drinks must not be sold to Children and Adolescents below the age of 16 years.
Nor must their consumption by said persons be tolerated.
2) Sub-Clause 1, No. 2 shall not apply to Adolescents accompanied by a Custodial Person.

Those limits do not apply to married adolescents. (§ 1 JuSchG (5))

The Youth Protection Act uses the term Branntwein — which was originally the German word for brandy — to refer to all distilled alcohol beverages. Branntwein has been superseded by Weinbrand in modern German to specifically refer to brandy.

Because of moral panic involving alcohol abuse among minors (a 16-year-old boy died after having consumed 45 shots of tequila in a bar in early 2007), some people demanded that the drinking age be raised. Most politicians, however, spoke against that notion, pointing out instead that such abuse was already forbidden according to current laws, which simply needed to be enforced. In Germany and the rest of Europe, alcohol consumption by adolescents is traditional and generally accepted.

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.

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