Restaurant licence; application by EU citizens

If you wish to operate a catering business serving alcoholic beverages, you require a catering permit. The restaurant permit is issued both on a person-related and a room-related basis.

Description

You operate a catering trade if you, in a standing trade

  1. serve drinks for consumption on the spot (pub management) or
  2. serve prepared food for consumption on the spot (catering),

if the business is accessible to everyone or certain groups of people (§ 1 Gaststättengesetz - GastG).

The catering trade is only subject to licensing if alcoholic beverages are served. If only non-alcoholic beverages and/or prepared meals are served, the catering trade is not subject to licensing.

In addition to obtaining a permit, you must notify the responsible municipality of the trade in accordance with § 14 GewO.

Permission is granted for a specific type of business (e.g. pub and restaurant business, discotheque, dance café, etc.) and for the rooms used for the business
Permission is also required for any expansion of the catering business and any change in the type of business.
In the case of civil law companies and trading companies, each managing partner requires a permit.

If you want to operate a licensed restaurant through a deputy, you need a deputy permit (§ 9 GastG).
If you want to take over a pub requiring a permit from another person, you can be permitted to operate the pub until the permit is issued on a revocable basis (usually for a period of up to three months) (temporary permit).
The same applies to the granting of a temporary substitution permit (§ 11 GastG).

After the death of the permit holder, the restaurant business may be continued on the basis of the previous permit by the spouse, civil partner or the minor heirs during the period of minority. The same applies to executors of estates, guardians of estates or executors of wills up to a period of 10 years after the inheritance. If you wish to continue a business on this basis, you must notify the licensing authority immediately.


If the gastronomic activity requiring a permit is only temporary catering on the occasion of an event (special occasion, e.g. club, town, music festival, etc.), the operation of the catering trade can be permitted by the municipality under eased conditions (as a rule, no proof of instruction and no building permit is required) in accordance with § 12 GastG. The responsibility for this lies with the municipality.

Prerequisites

The requirements for authorisation are the reliability of the trader, a certificate of instruction from the Chamber of Industry and Commerce on the main features of the food law knowledge required for the intended business, space and location-related requirements including accessibility.

The trader's good repute is verified on the basis of documents issued in the Member State of origin showing that the requirements as to good repute are met. The documents may be required to be submitted as certified copies and certified German translations. If such documents are not issued in the State of origin, they may be replaced by an affirmation in lieu of oath by the trader or comparable acts under the law of the State of origin.

The instruction on the necessary knowledge of food law (if you operate a pub and restaurant business) is certified by the Chamber of Industry and Commerce (following a 6-hour course) (certificate of instruction). In the case of legal entities, the authorised representatives (managing director, board of directors) must meet these personal licensing requirements. Holders of certain professional qualifications (e.g. boulanger in France, master baker in Austria) who can provide evidence of the relevant qualification are exempt from the requirement for proof of training.

A further prerequisite for the granting of permission is that the rooms intended for the operation of the trade or the stay of the employees are suitable, the rooms intended for guests can be used without barriers and the operation is not contrary to the public interest with regard to its local location or the use of the rooms, and in particular does not give rise to fears of harmful effects on the environment or other significant disadvantages, dangers or nuisances for the general public.

In particular, a building permit must be available for the intended type of operation.

Deadlines

The restaurant permit must be issued prior to commencement of operation, therefore a timely application (approx. 4 weeks prior to commencement of operation) is required.

Required documents

  • Identity card; passport
  • Proof of good repute from the country of origin

    in certified copy and certified German translation; if necessary, replacement by affirmation in lieu of an oath or similar acts

  • Proof of instruction

    Copy

  • Lease/rental agreement or proof of ownership of premises
  • Floor plans and site plans, building permit
  • Documents for restaurant permit (EU citizens)

    in the case of registered companies, an excerpt from the commercial register or comparable registration documents from abroad (with German translation) in the case of civil law companies, articles of association in the case of a limited liability company being formed, a copy of the notarial deed of formation and a power of attorney from the founders, according to which the commencement of business is to be commenced before the entry in the commercial register

  • particulars and documents relating to the applicant and his representatives

    in the case of applications for authorisation to act as proxy

  • Authorization: Written power of attorney and the ID cards of both the grantor of the power of attorney and the grantee of the power of attorney

Fees

    • Restaurant permit: 100 to 6,000 EUR
    • Substitution permit and provisional permit: 50 to 600 EUR
    • provisional deputy permit: 30 to 300 EUR
    • Certificate of good conduct and extract from the commercial register: 13 EUR each
    • Instruction with confirmation (certificate of instruction) at the Chamber of Industry and Commerce: 80 EUR

Remedy

Administrative court proceedings; information

administrative claim

Status: 26.11.2021

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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