Licensing under catering law; application

If you want to operate a restaurant business that requires a permit for a special reason, you need a permit under hospitality law.

Description

A for-profit catering service in which alcoholic beverages are served requires a permit pursuant to Section 2 (1) GastG (the district administrative authority is responsible for issuing a corresponding restaurant permit). If only non-alcoholic beverages and/or prepared meals are served, the establishment is not subject to licensing.

If you wish to operate a licensed catering business only temporarily due to a special occasion (e.g. club, city, music festival, etc.), the operation can be permitted by the responsible municipality according to § 12 GastG under eased conditions (as a rule, no proof of instruction and no building permit is required).

The prerequisite is that it is only a temporary catering on the occasion of an event. According to case law, a special occasion is deemed to exist if the gastronomic activity in question is linked to a short-term, non-frequent event that is outside the scope of the gastronomic activity (i.e. the occasion must be exclusively non-gastronomic in nature).

A commercial activity is also deemed to exist if the profit is used for charitable purposes.
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 permit is also required if the applicant is the holder of a travel trade permit.

Prerequisites

The prerequisite is the reliability of the trader. If the personal circumstances of the applicant are not known to the municipality, the reliability is checked on the basis of a certificate of good conduct and information from the central commercial register. A certificate of good conduct and information from the central business register are generally not required if the applicant is in possession of a travel trade card.

It is also a prerequisite that the premises meet the necessary structural requirements.

A certificate of instruction (on participation in a 6-hour IHK course) is generally not required, unless the trader carries out the gastronomic activity regularly and sustainably on certain occasions (and thus as his main occupation).

Deadlines

The application for a catering permit on the occasion of an event must be submitted in writing to the municipality in good time (2 weeks in advance).

Required documents

Forms

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.

Fees

    • Permit: 30 to 2000 EUR
    • Certificate of good conduct and extract from the commercial register: 13 EUR each

Remedy

Administrative court proceedings; information

administrative claim

Status: 30.08.2022

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

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  • Online transactions, Bavaria-wide
  • Online transactions, 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.