Restaurant permit; application by EU citizens
If you want to operate a restaurant business serving alcoholic beverages, you need a restaurant permit. The restaurant permit is issued both for a specific person and for a specific room.
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 a permit.
If you want to operate a restaurant requiring a permit through a deputy, you need a deputy permit (§ 9 GastG).
If you wish to take over a licensed restaurant business 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.
The requirements for the permit 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 envisaged business, space and location-related requirements including accessibility.
The reliability of the trader is verified on the basis of documents issued in the country of origin, which prove that the requirements for reliability 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 country of origin, they may be replaced by an affirmation in lieu of oath by the trader or comparable acts under the law of the country of origin.
The instruction on the necessary knowledge of food law (if you run 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 authorized 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 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 operation.
The restaurant permit must be issued before the start of operation, so a timely application (approx. 4 weeks before the start of operation) is required.
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
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
- Restaurant permit: 100 to 6,000 EUR
- Substitution permit and temporary 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
Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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