Restaurant license; application
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.
Description
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 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 restaurant business does not require a permit.
The permit is issued 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 catering business and any change in the form of operation.
In the case of civil law companies and commercial companies (OHG, KG), 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 restaurant business requiring a permit 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 (Section 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.
The instruction on the necessary food law knowledge (if you operate a pub and restaurant) 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), these personal permit requirements must be met by the authorized representatives (managing director, board of directors).
A further prerequisite for the issuance 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 satisfies the requirements under hospitality law for the suitability of the premises and the location of the pub.
Deadlines
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.
Fees
- 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
Status: 21.02.2023
Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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