A1. Introduction
Who is this guideline made for?
For organisers of non-commercial cultural events in public spaces in Berlin.
What has to be considered for the realisation of an event?
Depending on the type and scope of the event, various permits may have to be applied for in order to implement it legally. Different offices in the twelve Berlin districts are responsible for this. As a rule, there is no coordinating office within the district authorities. In this document, we therefore try to give you an overview of what you need to bear in mind and which offices and applications you may need to apply to.
A2. What types of permits are required for this?
1. Approval for the use of a public area
In order to hold an event on a public space, a special use must be approved by the responsible authorities. In the case of special uses, there are different types of areas that are relevant and in some cases different legal bases and/or competent authorities. Thus, depending on the location, different applications for approval of special use may be necessary.
See here: B. The special use permit
2. Approval for expected noise
If your event involves a disturbing source of noise, an application for exemption from the Land Immission Control Act must be submitted. This applies to events on both public and private land. During the approval process, it is checked whether or not the event will cause an acceptable impact on the surrounding area. With this procedure, both the authority and the organiser protect themselves against complaints from residents of the surrounding area.
See here: C. Noise and immission control
3. Musical performance
The Society for Musical Performing and Mechanical Reproduction Rights (GEMA) represents the rights of composers, lyricists and music publishers. Only the author has the right to reproduce, distribute and publicly perform his or her intellectual property.
Before a public performance of music protected by copyright, it may therefore be advisable for the organiser to check and register the event with GEMA. This applies to musical performances such as live music, music from sound carriers of all kinds, music from vending machines, radio and television sets or film and video screenings. However, it may make a difference what kind of music is performed, how big the event is and whether admission is taken for the event or not.
Further up-to-date information on GEMA is available on the Internet at www.gema.de or from the Nuremberg regional office, Johannisstr. 1, 90419 Nuremberg (Tel. 0911/93359-291).
4. For an offer of food and beverages
If visitors to the event are to be catered for, for example, a travel trade permit or a restaurant trade permit must be available or applied for.
See here: E. Food and Drinks
5. For further ideas for your event
If you want to use pyrotechnics at the event, this must also be applied for separately.
See here: G. Bonfires and pyrotechnics
If you are planning larger structures such as stages, lounges and retreat areas with protection from the weather, you may need planning permission.
See here: H. Approval of built structures
6. What else?
In addition, other authorities or third parties may need to be involved - either as part of the approval or the execution - such as the fire brigade, the police, the BVG (Berlin public transport company), the BSR (Berlin street cleaning) or electricity providers such as Vattenfall.
If the event is larger than 500 visitors, you can inform the responsible police station if necessary, leave your contact details and, if necessary, ask the police for coordination. If the number of visitors exceeds 1,000, you should ask for a paramedic team to be present during the event.
This is not compulsory, but increases the safety of the visitors and thus the confidence in your event. Especially for events in the street network, the fire brigade, if necessary the BVG and also the BSR should be called in. It is necessary for the fire brigade to be able to rescue people from neighbouring buildings in an emergency during an event. For inner-city neighbourhood festivals, it is sometimes necessary to plan and maintain fire lanes within the festival grounds and to consider escape routes. In the event of a diversion of bus or tram traffic, or if regular waste disposal is impaired, the BVG or BSR should be contacted and informed. In these cases, it may also make sense to consult with the street and green spaces department. As a rule, they know the regulations to be observed and the necessary contacts at the parties mentioned. For a power supply from the public grid through a distribution box, or for the installation of a construction power box, for example, the grid operator Vattenfall should be contacted.
In the following section, we give a brief introduction to which applications and permits can be applied for on the central five topics.
A3. Which attachments must be prepared for all applications?
1. Site Plan
A Site Plan is one of the most important attachments you need to create for the event application. This should clearly show the administration where and how all the important elements of the event will be installed at the desired location and how they will interact with it.
What information should a Site Plan include?
- All surrounding buildings, roads, pavements, squares and green spaces, with labels
- The location of all built & technical elements for your event within this area
- Any fencing or other barriers you intend to set up
- Routes, roads or passages to be left open for necessary access during the event
Scale and dimensions
Include in your plan all measurements that are relevant for assessing the feasibility and impact of your event, e.g:
- Area and dimensions of the event zone perimeter
- Width of escape routes, fire access routes etc
- Dimensions of stages, tribunes etc.
The Site Plan should be drawn to scale so that any measurements not marked on the plan but considered important for its appraisal can be estimated by measuring them off.
Header information
The Site Plan should contain a plan header with the most important information about the drawing itself, the proposed location and the applicant. As a guide, this could consist of:
- Name, address and contact person of the applicant
- Address of the planned event
- Name and type of event
- Date, time and expected number of participants of the event
- Title of the drawing, scale, date of creation and an index (to track any changes)
Legend
All important elements should be clearly labelled. If this introduces too much text making the drawing illegible, consider using colour coding or textures to differentiate the information with a legend in the plan header.
Drawing the Site Plan
You can access accurate scale plans of any location in Berlin using the city’s “Geoportal” (such as here: https://gdi.berlin.de/viewer/main/) and download these to draw over. Alternatively, the RAUMSONDE offers a bespoke tool with which you can draw a digital site plan with all the elements above.
2. Event Concept
You should also create an event concept that outlines the most important information about your event and will be attached to all applications you send out. Some of the information contained in it may be repeated in the application forms, but this summary will ensure that all the authorities you communicate with about your event receive all the information they need.
If you prepare your application through the RAUMSONDE APPLICATION ASSISTANT the Application Wizard will prepare an application concept for you from the inputs you submit.
In general the Application concept should include the following information:
– Information on the applicant, contact person and organiser of the event
– The location, date and duration of the event, including set-up and take-down time
– A description of the event (see note below)
– How much space is needed and how many people the event is planned for
– Summary of traffic diversion measures, if necessary, or fencing off of the event area, if planned
– Summary of technical services required for the event, such as electricity,water, toilets etc.
– Summary of planned security, hygiene and risk mitigation measures, unless the event is so big that these require separate reports
– Summary of planned refuse management measures, unless the event is so big that these require separate reports
Your event description should include information about the following aspects:
– What kind of cultural activities are involved
– Target audiences
– Is it part of a larger programme of events (Draussenstadt, Kultursommer, etc….)
– Connection to the local neighborhood
– Benefits to locality &/or community
– What restrictions will be involved during the event to other uses
– Sources of finance
– Is it for profit?
3. Organiser’s liability insurance
You need organiser's liability insurance (Veranstalterhaftpflichtversicherung) if you organise an event as an organiser. Organiser's liability insurance covers the legal liability during the preparation and implementation of public events.
The most important facts in brief:
• As an organiser, you are liable for all damage caused by yourself or a company commissioned by you.
• Organiser's liability insurance protects you against high claims for damages resulting from personal injury, property damage and financial loss and defends you against unjustified accusations.
• Due to the high risk of damage at events, taking out organiser's liability insurance is an important protection for your event.
Why is organiser's liability insurance necessary?
Many people are involved in the preparation, implementation and follow-up of events. Even if everyone involved works conscientiously, there is always a certain risk of personal injury, property damage and financial loss. If damage occurs at the event location, you as the organiser are liable for it. By taking out event liability insurance, you are protected from high costs and unjustified third-party liability claims. Since such claims can be very expensive and can even threaten your existence, taking out organiser's liability insurance is highly recommended.
Scope of cover in an organiser's liability insurance
In the event of a claim, the insurer first checks whether you are actually liable and whether the amount of the claim is justified. If the claim is justified, the insurance company will cover the financial loss up to the agreed sum insured. The insurance company will defend you against unjustified or excessive claims - if necessary, even in court.
The liability of the organiser can result from different areas of law. If you are convicted of an intentional act, there is no insurance cover for criminal and civil offence proceedings. Legal expenses insurance does not offer adequate protection here either. Not only does it not cover the costs of the proceedings if there is an allegation of intentional conduct, but it also only covers the costs of the proceedings, but not compensation for pain and suffering or damages.
In addition, organiser's liability insurance fends off unjustified claims for damages, if necessary in court. In the case of unjustified claims, organiser's liability insurance acts like a small private legal expenses insurance. So you can face unfounded claims for damages with peace of mind.
Insured damages of the organiser's liability insurance
Personal injury:
If you cause damage to the health of another person through your own fault, this constitutes personal injury. A possible scenario is, for example, that a guest is injured due to inadequate security. He claims medical treatment costs and compensation for pain and suffering, which the organiser's liability insurance will cover for you.
Property damage:
If you damage another person's property through your fault, this constitutes property damage. A typical example is damage to rented rooms caused by drunken guests. The organiser's liability insurance covers the costs of repair or replacement.
Financial losses as a result of personal injury or damage to property:
In the area of pecuniary loss, as a rule only consequential pecuniary loss is insured that arises as a result of an insured personal injury or property damage. A typical example is loss of earnings due to personal injury. The event organizer liability insurance you have taken out with Zurich covers the costs incurred.
The coverage amount for event organiser liability insurance should be at least 2 million euros for personal injury and 1 million euros for property damage and financial loss.
Who is covered by event liability insurance?
In addition to the liability claims of spectators and visitors, the actively participating persons (participants, artists, musicians) are usually included. As an organiser, you should obtain the necessary information for liability insurance at a non-binding consultation. This will give guests, visitors and you as the organiser the necessary security from the insurance company for attending the event.
In the area of event insurance, the personal legal liability of the legal representatives of the policyholder (policyholder) and such persons whom the policyholder has employed to manage, secure or supervise the insured event are also insured. In addition, the legal liability of all other company members (employees) as well as representatives and voluntary helpers is also covered.
Rental property damage to buildings and rooms by participants, guests and visitors
Unfortunately, problems often arise in the event of damage to rented premises by unknown persons. In most cases, the damaging party cannot be identified and the organiser has to pay for the costs. As the organiser, you are liable if permanently installed items on the building are damaged or destroyed.
A prerequisite for the coverage of the above-mentioned damages is that an inspection of the building and rooms is carried out before and after the event. In addition, a written report of existing or new damage to the building must be prepared.
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Other co-insurable aspects and additional risks:
- The assembly and dismantling (e.g. of frames, cables, tents or grandstands)
- The maintenance of lighting and sound systems as well as technical equipment
- The risk of data protection and the use of internet
- The serving of food and drink
- Fireworks
- The loss of keys belonging to others
- Accident insurance for participants and crew
- Ticket insurance
Insurance for events on publicly owned land
For events on publicly owned land (such streets, squares and green spaces) where a special use permit is required, it is necessary to prove you have appropriate liability insurance cover. It is possible to submit your initial application form without this proof, but a certificate of proof will then either be a required before final permission is granted or as a condition of permission to be submitted before the event location is handed over to you before the event.
The RAUMSONDE application assistant can generate a suitable template for such a certificate which you can print out to be completed and signed by your insurer for this purpose.