Restaurant permit; application by EU citizens

If you wish to operate a restaurant business serving alcoholic beverages, you require a restaurant license. The restaurant permit is issued for both individuals and premises.

Description

Important instructions for service providers

  • Evtl. kann im Zusammenhang mit dem gewerbsmäßigen Betrieb einer Jugendherberge oder einer Hütte auch eine Gaststättenerlaubnis erforderlich sein.

Prerequisites

Permit requirements are the reliability of the trader, proof of training from the Chamber of Industry and Commerce on the basic principles of the food law knowledge required for the prospective business, space and location-related requirements including accessibility.

The trader's reliability is checked on the basis of documents issued in the country of origin that prove that the reliability requirements are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they may be replaced by an affirmation in lieu of an oath by the trader or comparable acts under the law of the country of origin.

The Chamber of Industry and Commerce (following a 6-hour course) will certify that you have the necessary knowledge of food law (if you run a pub or restaurant) (proof of training). In the case of legal entities, these personal licensing requirements must be met by the authorized representatives (managing director, board of directors). Holders of certain completed professional qualifications (e.g. boulanger in France, master baker in Austria) who can provide proof of the relevant qualification are exempt from the proof of instruction.

A further prerequisite for the granting of a permit is that the rooms intended for the operation of the business or the stay of employees are suitable, that the rooms intended for guests can be used without barriers and that the business is not contrary to the public interest with regard to its local location or the use of the rooms, in particular that there is no fear of harmful environmental effects or other significant disadvantages, dangers or nuisances for the general public.

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

Deadlines

The restaurant permit must be issued before the start of operations, so a timely application (approx. 4 weeks before the start of operations) 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 license: 100 to 6,000 EUR
    • Deputy permit and provisional permit: 50 to 600 EUR
    • Provisional proxy permit: 30 to 300 EUR
    • Certificate of good conduct and extract from the central trade register: EUR 13 each
    • Instruction with confirmation (proof of instruction) at the Chamber of Industry and Commerce: EUR 80

Remedy

Administrative court proceedings; information

Administrative court action

Status:03.01.2024

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

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.