Licensing under restaurant law; application by EU citizens

If you wish to operate a catering business requiring a permit (serving alcohol) for a special reason, you may be permitted to do so temporarily on a revocable basis by the responsible municipality under simplified conditions.


In principle, the operation of a catering business (serving alcohol) requires a catering permit pursuant to Section 2 (1) of the German Catering Act (GastG). However, 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, if applicable, no building permit is required) in accordance with § 12 GastG.

It is also considered a commercial activity if the profits are used for charitable purposes.

You are operating a catering trade if, in a standing trade, you are

  1. serve beverages for consumption on the spot (tavern) or
  2. serve prepared food for consumption on site (catering),
    if the business is accessible to everyone or to certain groups of people.

The restaurant business is only subject to licensing if alcoholic beverages are served. If only non-alcoholic beverages and/or prepared meals are served, the restaurant business is generally not subject to a permit.

The permission depends on the existence of a special occasion. This is the case if the gastronomic activity in question is linked to a short-term, not frequently occurring event that is outside the gastronomic activity itself. The term "occasion" is understood to mean an external impetus or an external circumstance as a result of which the catering business is to be operated. The occasion is a special one if it is exceptional; frequently recurring events without exceptional character are not special occasions.

In any case, the intended gastronomic activity may only appear as an annex (appendage) of an independent other event. The decisive factor is always an overall appraisal of the event and its (alleged) occasion.

In the case of musical performances, for example, the performance may have the character of an independent event in terms of its type and duration, and the serving of drinks may form its annex. On the other hand, however, the serving of beverages may be the dominant event and the music may have only a subordinate significance serving the serving of beverages, or the music may not have any independent weight that can be detached from the serving of beverages.

In this respect, pure disco and party events (beach party, dance party, etc.) are to be evaluated particularly critically, in which beverage dispensing and disco or party operation regularly form a unit and insofar equally characterize the event. In addition to the event itself, other aspects that have their own weight must also be taken into account in order to justify a special occasion.

In the past, cases have been reported in which drunken guests have rioted. The aspect of alcohol abuse prevention is therefore of particular importance. Events aimed at excessive alcohol consumption are not permitted. Advertising concepts such as "all-inclusive" or "flat rate" parties, where all or certain alcoholic beverages are included in the admission price or are sold at a reduced price and without limit, are also likely to encourage alcohol abuse by guests. In addition, care must be taken to ensure that a non-alcoholic beverage is not offered at a higher price than the same quantity of the cheapest alcoholic beverage (§ 6 GastG). Special attention must also be paid to compliance with youth protection regulations.

Particular attention must be paid to the written and timely submission of the application for a permit in order to enable a proper official review and decision on the application. As a rule, the application must therefore be submitted at least 2 weeks before the special event. An application that is not submitted in time and where it is no longer possible to properly review the eligibility for a permit by the scheduled event date justifies the rejection of the permit.

Just like the restaurant permit, the permit under hospitality law is also space-related and can therefore only be granted for a locally determined location (i.e. not for a specific beer tent, for example, regardless of the specific location).


A prerequisite for permission is, in particular, the special reason. This must also be explained in more detail in the application.

It may also be necessary to check the applicant's reliability, in particular if the applicant's personal circumstances are not known or if the applicant is not already in possession of a travel trade permit or a permit dependent on his reliability.

The premises must meet the necessary requirements under building law.


The permit application must generally be submitted at least four weeks prior to the special event.

Required documents

  • Identity card; passport

  • Proof of good character from the country of origin in the form of a certified copy and a certified German translation;

    where appropriate, replacement by affirmation in lieu of oath or similar act

  • more detailed description of the premises

  • 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


Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Antrag auf vorübergehenden Gaststättenbetrieb [Dateiformat: pdf]
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.


  • Permission: 30 to 2.000 EUR


Administrative court proceedings; information

administrative claim


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

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  • 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
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