Key legal question
Interpretation of § 116(3) WG: who qualifies as persons employed in the hospitality business?
Extracted holding
The exception covers mainly employees working in the establishment and persons who are actually performing services in the hospitality business on that evening; it does not include people helping with household chores, gardening, chopping wood, or occasional driving services.
Extracted reasoning
The court distinguished between operational staff or temporary helpers for restaurant work and persons present for private or ancillary tasks. Because some of the persons present were clearly outside the exception, it was not arbitrary to conclude that not all guests were covered; therefore the owner still had to provide closing time.