Prerequisites
If you want to operate a shisha establishment in Hamburg, you must meet the following requirements:
- You must register your shisha establishment with the locally responsible district office, department for consumer protection, trade and environment, at least two weeks before starting operations.
- Operation is only permitted if, prior to opening, the following technical equipment has been professionally assembled, installed, made functional, and inspected and documented by a qualified person:
- air handling system,
- flue gas extraction system as well as
- Carbon monoxide detectors
Documents required
Please include the following information in your advertisement and use the attached form:
- Name, company or business name and address of the shisha establishment,
- Name and address of the operator,
- Building permit for the premises of the shisha establishment,
- Floor area of the facility,
- Number of places suitable for shisha consumption,
- maximum number of hookahs burning simultaneously,
- technical system for preheating the organic fuel,
- Confirmation by a qualified person that the prescribed limit and trigger values for carbon monoxide in the indoor air are met.
Please note
The functionality of the carbon monoxide warning devices must be checked weekly by the operator or a person commissioned by him or her, and the result of the check must be recorded in accordance with the requirements of the ShKG HA.
Furthermore, the functionality, professional assembly, installation and effectiveness must be checked at least once a year.
- the ventilation system,
- the flue gas extraction system as well as
- the carbon monoxide detectors
According to the ShKG HA (Short-term care insurance), the inspection must be carried out by a qualified person and documented on the form provided by the responsible authority. The qualified person will be appointed by the Authority for Justice and Consumer Protection. Contact details can be obtained from the relevant district office.
As the operator, you are obliged to keep the records in the shisha establishment for at least three years and to make them available to the responsible authority upon request.
In the entrance area of the shisha establishment, a clearly visible sign must inform customers that carbon monoxide is produced when preparing and smoking water pipes, and that this can pose health risks, especially for pregnant women and unborn children, as well as people with cardiovascular or pulmonary diseases.
Furthermore, the provisions of the Passive Smoking Protection Act must be observed. An exception to the smoking ban in restaurants exists only if the establishment has only one dining room with a floor area of less than 75 square meters, does not offer prepared food, prohibits the consumption of food brought from outside, and denies entry to persons under 18 years of age.
In the event of non-compliance with the legal requirements for operating a shisha establishment, the responsible district office is entitled to prohibit the operation of the shisha establishment.
The serving of alcoholic beverages requires a permit under the Hospitality Act. This permit must be applied for separately. Serving alcohol is only permitted once the requested permit has been granted. Furthermore, it should be noted that a business registration and a building permit are also required to operate a shisha lounge.
Deadlines
You must notify the Consumer Protection, Trade and Environment Department at your local district office of the operation of a shisha establishment at least two weeks before commencing operations.