Other games with the possibility of winning: Permission

Anyone who wants to organize other games with the possibility of winning on a commercial basis (e.B. games of skill) requires permission from the responsible authority. Permission must be applied for.

A game of skill exists when the person playing the game can determine the outcome of the game with a high degree of probability through skill or his own knowledge according to the game setup and the rules of the game. In contrast, in gambling, the decision about winning and losing is predominantly determined by chance.

The permission does not generally entitle to the organization of competitions, but always refers only to a specific game. It is tied to the person and to the venue. The holder of the permit can be any natural or legal person. In the case of partnerships, each managing partner requires their own permission.

The permit may be granted for a limited period of time or subject to conditions if it is necessary for the protection of the general public, the guests, the residents of the company property or the neighbouring properties or in the interest of the protection of minors. Subsequent inclusion, modification and addition of conditions is also permitted.

There are also games with the possibility of winning, for which there is freedom of permission (usually with goods winnings worth a maximum of 60.00 euros).

A permit for gaming equipment with the possibility of winning is required for gambling machines or merchandise gaming equipment .

  • If applicable , identity card or passport
  • If applicable, articles of association
  • for registered companies
    • Excerpt from the Commercial Register
  • at a GmbH & Co. KG
    • Excerpt for the GmbH and the KG
  • Certificate of good conduct (document type O)
  • Information from the Central Trade Register
  • Clearance certificate from the Federal Criminal Police Office or an imprint thereof

In the case of legal entities, these documents must be provided for all persons authorised to represent the company under law, articles of association or articles of association (e.B. managing directors, board members). In the case of legal persons, the information from the central trade register must also be submitted for the legal person.

In the case of traders from another Member State of the EU or an EEA Member State, documents issued in the country of origin may be used to prove that the requirements for the reliability and orderly financial circumstances of the trader are met.

Preconditions

General Requirements

  • Possession of a clearance certificate from the Federal Criminal Police Office or an imprint thereof
  • the reliability required for the organisation of games with the possibility of winning - both the person operating the game and the trader in whose establishment the game is to be organised
    • Anyone who has been convicted in the last three years before the application for a crime, theft, embezzlement, extortion, stealing, fraud, embezzlement, unauthorized organization of a game of chance, participation in unauthorized gambling or for offenses according to § 12 of the Youth Protection Act (JuSchG) does not have the required reliability.

Requirements for games with a win of money

  • The game must be held in an arcade or similar company.
  • A maximum of three such games may be held there.

Requirements for games with merchandise winnings

The game must

  • at folk festivals, shooting festivals or similar events,
  • fairs or special markets or
  • in restaurants or accommodation establishments (except those that are mainly visited by children and young people)

can be organized. A maximum of 3 such games may be held in restaurants.

  • § 12 Youth Protection Act (JuSchG)

Related Links

  • § 33d Industrial Code (GewO)
  • §§ 4 and 5 Gaming Ordinance (SpielV)

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour and Transport

Last update or date of publication
13.09.2018