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.