Knowledge · Law, standards & procurement
The municipal permitting authority decides on safety conditions, the organiser remains responsible for safe operation
The permitting authority decides on the permit and safety conditions but does not take over the organiser's operational safety responsibility.
Updated: · MOVETOS
Within its statutory competence, the municipal permitting authority decides on the permit for an event and the binding safety requirements attached to it. It is responsible for ensuring that its decision rests on a sufficient factual basis and a legally sound assessment.
Competence and administrative structure
For town festivals, funfairs and other events in public space, the municipality or city is often the competent body. Within the municipal administration, such procedures are frequently handled by the public order office, an office for public safety and order, or an events office.
These units are often assigned to a department for public safety and order and are thus part of the administration under the mayor. The exact competence and administrative structure differ by federal state and municipality. An event may also require several official permits.
Tasks in security planning
In security planning, the competent permitting authority in particular
- examines the legal requirements,
- coordinates the necessary specialist opinions, and
- decides on possible safety conditions.
Professional assessment and decision-making responsibility
A distinction must be made here between professional assessment and the authority’s responsibility for the decision.
Opinions from the specialist bodies involved can be important bases for decisions. However, they do not become binding conditions merely by being submitted. Within its competence, the permitting authority must examine which hazards are relevant, which legal bases apply, and which measures are legally permissible, necessary and proportionate.
Where provided by law, it can monitor compliance with binding requirements and, if the conditions are met, take further measures.
Limit to the organiser’s responsibility
However, a permit for an event does not mean that the authority takes over the organiser’s operational safety responsibility.
Conclusion
The municipal permitting authority has a central legal decision-making function. Its responsibility is to bring together, in a comprehensible way, the safety requirements and professional findings relevant to its decision and to derive lawful decisions from them. Safe delivery remains the organiser’s task within its own sphere of duties.
More on this: Binding requirements and professional assessment in event security and Safety regulations for open-air events and events in public space.
Note: research status 8 November 2026. General orientation; the statements have not been checked against the original regulations and do not include an overview by state. Not legal advice: the respective state law and the conditions in the individual case are decisive; in case of doubt, the competent authorities and specialists decide. No function, response time or certification of MOVETOS OPS is promised.
Expertise
All articlesRead on
Events, companies or critical infrastructure: we will show you how MOVETOS OPS does this in practice.