You operate a catering business if, in a standing trade, you
- serve beverages for consumption on the spot (tavern) or
- serve prepared food for consumption on the premises (catering),
if the business is accessible to everyone or to 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 restaurant business does not require a permit.
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 premises 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 permission.
If you wish to operate a restaurant requiring a permit through a deputy, you require a deputy permit (§ 9 GastG).
If you wish to take over a restaurant operation requiring a permit from another person, you may be permitted to operate the restaurant business on a revocable basis (usually for a period of up to three months) until the permit is issued (provisional permit).
The same applies to the granting of a provisional deputy 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, life partner or 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 business 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.