Kernrechtsfrage
Whether the opening hours on Thursday night could be extended to 05:00 despite noise protection rules.
Extrahierter Entscheid
No. The authority could lawfully limit opening until 03:30 because the resulting night-time disturbance would exceed the permissible level for neighboring residents.
Extrahierte Begründung
Customer noise and music from the premises are attributable to the installation. Given the location, time of night, and noise sensitivity of the area, the court found more than merely minor disturbance. The measures were justified under the precautionary and stricter emission-limitation rules of the Environmental Protection Act and Noise Ordinance.