Restaurant licence; application

If you wish to operate a catering business serving alcoholic beverages, you require a catering permit. The restaurant permit is issued both on a person-related and a room-related basis.

Description

You operate a catering trade if you, in a standing trade

  1. serve drinks for consumption on the spot (pub management) or
  2. serve prepared food for consumption on the spot (catering),

if the business is accessible to everyone or to certain groups of people.

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 catering trade does not require a permit.

Permission is granted for a specific type of business (e.g. pub and restaurant, discotheque, dance café, etc.) and for the rooms used for the business.
Permission is also required for any expansion of the restaurant business and any change in the type of business.
In the case of civil law companies and trading companies (OHG, KG), each managing partner requires a permit.

If you want to operate a licensed restaurant through a deputy, you need a deputy permit (§ 9 GastG).
If you want to take over a pub requiring a permit from another person, you can be permitted to operate the pub until the permit is issued on a revocable basis (usually for a period of up to three months) (temporary permit).
The same applies to the granting of a temporary substitution permit (§ 11 GastG).

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 no building permit is required) in accordance with § 12 GastG.

Prerequisites

The reliability of the trader is checked by the licensing authority on the basis of the certificate of good conduct and the extract from the commercial register.

Instruction in the necessary food law knowledge (if you operate 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 (GmbH, AG), the authorised representatives (managing director, board of directors) must meet these personal licence requirements.

A further prerequisite for the granting of the permit is that a building permit is available for the restaurant in the respective intended form of operation. As a rule, this also fulfils the requirements under hospitality law regarding the suitability of the premises and the location of the pub.

Deadlines

The restaurant permit must be issued prior to commencement of operation, therefore a timely application (approx. 4 weeks prior to commencement of operation) is required.

Required documents

Fees

    • Restaurant permit: 100 to 6,000 EUR
    • Substitution permit and provisional 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

Remedy

Administrative court proceedings; information

administrative claim

Status: 06.10.2021

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

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Wappen der kreisfreien Stadt München

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Marienplatz 8
80331 München

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80313 München

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+49 (0)89 233-00

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+49 (0)89 233-26458

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