Young People’s Rights in Austria: Curfews, Alcohol, Smoking and Travel Without Parents

If you are raising a teenager in Austria, questions soon arise about how late they may stay out, when they may drink beer and whether they can stay alone in a hotel. The answer often depends on the province where they are currently staying.

Why do the rules differ between provinces?

Austria does not have one nationwide youth-protection law. Each province has its own youth law (Jugendgesetz or Jugendschutzgesetz). The decisive factor is not the young person’s place of residence, but where they are physically staying at that moment. For example, a teenager from Vienna must follow the Tyrol rules while in Tyrol.

The provinces aligned their rules on curfews, alcohol and tobacco at the beginning of 2019.

Curfews: how late may a young person stay out?

The times set out in the law (Ausgehzeiten) are guide limits, not automatic rights. Parents may set an earlier time, and parental consent is always required.

• Vienna, Lower Austria, Burgenland, Carinthia, Styria and Vorarlberg: under 14, from 5:00 to 23:00; ages 14 to under 16, from 5:00 to 1:00; from 16, no statutory time limit.
• Upper Austria: under 14, from 5:00 to 22:00; ages 14 to under 16, from 5:00 to 24:00; from 16, no statutory time limit.
• Tyrol, in public places: under 14, from 5:00 to 23:00; ages 14 to under 16, from 5:00 to 1:00; from 16, no statutory time limit.
• Salzburg: under 12, from 5:00 to 21:00; ages 12 to under 14, from 5:00 to 23:00; ages 14 to under 16, from 5:00 to 1:00; from 16, no statutory time limit.

Important exceptions

• In Vienna, Lower Austria and Burgenland, the time limit may be exceeded with a supervisor or for a justified reason, such as travelling home.
• In Salzburg, anyone under 16 may stay in a hospitality venue (Lokal) only with a supervising person.
• In Upper Austria, a young person staying with an adult appointed by a parent generally needs the parents’ written consent.
• In Styria, the time limit does not apply to an area that can be supervised from the parents’ home. It also does not apply to someone who must leave for work or training before 5:00, such as a bakery apprentice.

It is advisable for young people to carry a photo ID (Lichtbildausweis) to prove their age.

Alcohol: what is allowed and from what age?

The basic rule is consistent: buying, possessing and consuming alcohol is prohibited for anyone under 16. Between 16 and 18, beer and wine are allowed, but spirits, mixed drinks containing spirits and alcopops are not.

• Vienna, Lower Austria and Burgenland: the prohibition applies in public places; in Vienna, it also applies at public events.
• Carinthia: even after turning 16, drinking is permitted only while the blood alcohol level remains below 0.5 per mille.
• Salzburg: drinking to the point of obvious drunkenness is prohibited.
• Styria: drinking to a level that causes significant physical or mental impairment is prohibited.
• In several provinces, powdered alcohol (Trockenalkohol) is also covered by the prohibition.

Adults must also comply with these rules: they must not sell, give or offer young people drinks that are prohibited for them.

Tobacco, e-cigarettes and nicotine pouches

Under 18, tobacco products, e-cigarettes, water pipes (Shisha) and e-shishas, together with their refills, are prohibited in every province. Tobacco-free nicotine pouches (Nikotinbeutel) are also included among the products prohibited for people under 18.

In Vienna, consuming alcohol and tobacco products at schools is also prohibited.

Which places may teenagers not enter?

Young people are generally prohibited from staying in nightclubs, bars and premises used for prostitution. In most provinces, people under 18 are also prohibited from entering betting shops (Wettbüro), amusement arcades and establishments selling only spirits (Branntweinschenke).

• Some provinces apply a minimum age of 14 to amusement arcades, including Lower Austria and Vienna.
• Styria applies an age limit of 15 to entertainment gaming machines.

Travelling and staying in accommodation without parents

A young person travelling alone should carry a parental consent form (Einverständniserklärung). It should include the parent’s name, address, telephone number and signature, as well as confirmation that the parent knows the destination and travel period.

As a precaution, it is also useful to carry a copy of the parent’s passport.

Staying alone in a hotel or campsite

• Burgenland: permitted from age 16.
• Salzburg and Tyrol: under 16 only with a supervisor; exceptions may apply between 14 and 16 under certain conditions.
• Styria: permitted from age 16 with parental permission.
• Lower Austria: no age-specific rule, but parental consent is required.
• Carinthia and Upper Austria: no separate rule, but parental consent is required.
• Vienna and Vorarlberg: no explicit provision.

What happens if the rules are broken?

The police or youth-protection officers may issue an on-the-spot fine (Organstrafverfügung).

In Styria, consuming alcohol under the age of 16 carries a fine of 30 euros. Exceeding the curfew by up to one hour carries a fine of 20 euros, as does failing to prove one’s age. The fine there may be up to 300 euros. Instead, counselling or up to 36 hours of community service may be ordered.

Criminal responsibility begins at age 14. A child under 14 is below the age of criminal responsibility.

Frequently asked questions

Can a teenager automatically use the entire statutory curfew period?

No. The statutory times are guide limits. Parents may set an earlier time, and their consent is always required.

Can a 16-year-old drink beer in Austria?

Yes. Beer and wine are permitted from age 16, while spirits and alcopops remain prohibited until age 18. In some provinces, the level of intoxication is also restricted.

Which province’s rules apply during a holiday?

The rules of the province where the young person is currently staying apply, regardless of where they live.

Are nicotine pouches prohibited under 18?

Yes. Tobacco-free nicotine pouches are classified as products prohibited under 18 in every province.

Practical steps before going out or travelling

1. Check the rules of the province where the young person will be staying.
2. Agree a return time with the parents, even where the statutory curfew is unrestricted.
3. Pack a photo ID and, when travelling alone, a signed Einverständniserklärung.
4. Include the parent’s contact details, destination and travel period in the consent form.
5. Check the hotel or campsite’s own age and booking requirements before departure.
6. Do not assume that the rules at home apply in another province.

This information is based on sources available online and is not legal advice. For professional guidance, contact a lawyer or another relevant qualified professional.

Source: oesterreich.gv.at