restaurant permit
service description
If you want to run a restaurant business that serves alcohol, you generally need a restaurant license.
Regardless of the restaurant license discussed here and depending on your offer, you may have to fulfill further registration and licensing obligations, for example under the Trade Code and the Crafts Code.
You operate a restaurant business if you commercially
- in a permanent business, i.e. in a fixed place of business, serve drinks (bar) or prepared food (catering) for consumption on site or
- in the itinerant trade (from a fixed place of business only for the duration of an event) serving drinks or prepared food for consumption on site.
In any case, the prerequisite is that the operation is fundamentally accessible to everyone.
You do not need a restaurant license if you only
- soft drinks,
- free samples,
- prepared meals or
- in connection with an accommodation establishment, drinks and prepared meals to house guests
administer.
Special regulations apply to wine taverns (Section 14 of the Restaurant Act [GastG]).
The permit is issued for a specific type of business (e.g. bar, discotheque, snack bar) and is only valid for the rooms used for the business. A building permit may also be required.
Any extension of the restaurant business and any change to the premises also requires a permit.
For civil law companies and partnerships, each partner needs a separate license. For legal entities and associations without legal capacity, however, only a single restaurant license is required.
If you want to take over an existing restaurant business that requires a permit from another person, you can be granted a temporary permit that is subject to revocation (usually for 3 months) until the final restaurant permit is issued (Section 11 of the Restaurant Act). With this permit, the business can also be taken over at short notice.
A permit for representation (Section 9 of the GastG) should be applied for if you want the restaurant to be run by a representative who will also act responsibly towards authorities and institutions. The representative must meet the same criteria regarding personal reliability and suitability as you do.What documents are required?
To apply for a restaurant license you need the following documents:
- Application for a restaurant license
- Information from the Federal Central Register (certificate of good conduct) for authorities. The certificate of good conduct must not be older than three months when applying for a restaurant license.
- Information from the Central Trade Register for natural persons to be submitted to an authority. The Central Trade Register extract must not be older than three months when applying for a restaurant license.
- Information from the Central Trade Register for legal entities to be submitted to an authority. You must apply for the Central Trade Register extract from the regulatory office responsible for the place of business.
- If applicable, commercial register extract or partnership agreement or articles of association
- Chamber of Commerce and Industry (IHK) certificate (Section 4 of the Restaurant Act [GastG]). This certificate is a certificate from a Chamber of Commerce and Industry confirming participation in restaurant training or a comparable qualification that has been confirmed by the Chamber of Commerce and Industry.
- Identity card or other official identification document with photo
- Purchase, rental or lease agreement to prove that you have actual control over the business premises
- Floor plan of the rooms intended for the restaurant business and the accommodation of the employees)
legal basis
Applications / Forms