What does Swiss law say about minors in bars?

In the absence of a federal law, it is up to the cantons to legislate on the age of admission to bars and nightclubs. Keystone / DPA / BRITTA PEDERSEN

Of the 40 people who died in the Le Constellation bar fire in Crans-Montana, half were minors with the youngest being 14 years old. This raises the question of their access to bars and nightclubs in Switzerland. What does the law say?

There is no national federal law on this matter. Each Swiss canton therefore has its own regulations to protect young people. The key dividing line is 16 years almost everywhere. Above this age limit, there is no problem. But below this age, teenagers must be accompanied by an adult with parental authority to enter a bar or even a café-restaurant serving alcohol in the evening.

The cut-off time at which this restriction applies varies from canton to canton. In Valais, where the tragedy took place, it is set at 10 p.m. Geneva and Neuchâtel are more permissive: adult supervision is only mandatory from midnight onwards. In contrast, in Jura it is 9 p.m., and in Vaud it is at 8 p.m.

No distinction between bars and nightclubs

This regulation applies to bars, refreshment stands and restaurants. And therefore also the Le Constellation bar in Crans-Montana. It should be noted that in Valais, the authorities do not distinguish between bars and nightclubs, unlike most other cantons. The laws are even more restrictive for nightclubs: access is often prohibited to all minors.

According to the law, 14- and 15-year-olds in Crans-Montana should therefore have been accompanied by an adult. This could have been one of their parents or a legal guardian, or another authorised adult. Was this the case on the night of December 31? The investigation will have to determine this.

According to Valais law, it is the responsibility of the establishment’s managers to verify the age of young people on their premises. In the event of a violation, offenders are liable to a fine of up to CHF50,000 (about $62,815). The operating licence may also be withdrawn and the establishment closed.

There is the law and there are checks, but in reality, these checks can be circumvented. A security consultant explained to Swiss public broadcaster RTS that minors sometimes take advantage of being accompanied by a friend who is just over the age limit rather than a legal representative or authorised person. Fake student cards are also regularly used.

Who checks?

In the case of the Le Constellation bar, a young witness interviewed by Blick also stated that it was possible to access the bar via a side entrance equipped with an automatic door using a PIN code, thus avoiding age verification at the main entrance. The investigation will have to determine whether anyone, and if so how many, used this method to enter the bar on New Year’s Eve, bypassing the checks at the entrance.

“I was very surprised,’ admits Gilles Meystre, director of neighbouring canton Vaud’s hotel and restaurant association GastroVaud, about the age of some of Le Constellation’s clientele. “Firstly, because I am from Vaud and the legislation in Vaud differs from that in Valais: in the canton of Vaud, under-16s cannot enter the establishment without parental authorisation,” he points out on the RTS programme Forum.

“It will be up to the investigation to determine whether the checks in Valais, and in particular in Crans-Montana, were sufficient, whether the operator fulfilled their duties and met their obligations. In general, checks do exist and they are numerous,’ the manager emphasised.

It should be noted that some cantons provide exemptions for specific events. This is the case in Fribourg, where the prefect may lower the age limit if an event is organised specifically for teenagers in a bar or nightclub. However, this provision does not exist in Valais. No special authorisation was therefore granted to Le Constellation on December 31.

Adapted from French by AI/ac

How we translate with AI

We use automatic translation tools, such as DeepL and Google Translate, for some content.  

Each translated article is carefully reviewed by a journalist for accuracy. Using translation tools gives us the time for more in-depth articles. 

Learn more here about how we work with AI.