In Germany, 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):
This results in three different drinking ages depending on the type of alcoholic beverage and circumstances: •
At 14 – Minors are allowed to consume and possess undistilled alcoholic beverages, such as
beer and
wine in public places, bars or restaurants, as long as they are in the company and have the permission of a Custodial Person.
(§ 9 JuSchG (2) and § 1 JuSchG (1) 2). This regulation is colloquially known as "begleitetes Trinken" ("accompanied drinking") and is considered increasingly controversial in recent years, with two
SPD politicians having called for its abolition. •
At 16 – Minors are allowed to consume and possess undistilled alcoholic beverages, such as
beer and
wine in public places, bars or restaurants without their parents or a Custodian.
(§ 9 JuSchG (1) 2). •
At 18 – Having become adults, people are allowed access to
distilled spirits, beverages containing distilled spirits, and food products containing non-negligible amounts of distilled spirits.
(§ 9 JuSchG (1) 1). Those limits do not apply to married adolescents.
(§ 1 JuSchG (5)).
Debate on raising the drinking age 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), 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. In
Germany, alcohol consumption is traditional and very much publicly accepted compared to most other countries. A study by the
RWI Essen found a correlation between reaching the age of 16 and then starting to consume significantly more alcohol and committing more crimes. The (German Centre for Addiction Issues) recommends raising the drinking age for all alcoholic beverages in Germany to 18 years. The
German Cancer Research Center calls for raising the drinking age in Germany to a uniform 18 years for all types of alcoholic beverages. 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. In a survey conducted by the
MDR, 85% of the approximately 19,000 participants were in favor of a general ban on the sale of alcohol to under-18-year-olds in Germany.
Burkhard Blienert, Federal Government Commissioner for Addiction and Drug Issues since 2022, 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.
Enforcement 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 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. 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: == Other legislation ==