Restaurant license
Service description
If you want to run a restaurant business that serves alcohol, you generally need a restaurant license.
Irrespective of the restaurant license discussed here and depending on your offer, you may have to comply with other registration and licensing requirements, for example under the Trade, Commerce and Industry Regulation Act and the Crafts Code.
You operate a catering business if you commercially
- serve drinks (pub) or prepared food (restaurant) for consumption on the spot in a standing business, i.e. in a permanent establishment, or
- serve drinks or prepared food for consumption on the spot in the traveling trade (from a fixed business premises only for the duration of an event).
The prerequisite in any case is that the business is generally accessible to everyone.
You do not need a restaurant license if you only
- soft drinks,
- free samples,
- prepared food or
- in connection with an accommodation business, drinks and prepared meals to house guests
administer.
Special regulations apply to Straußwirtschaften (§ 14 of the Restaurant Act [GastG]).
The permit is issued for a specific type of business (e.g. pub, discotheque, snack bar) and only applies to the rooms used for the business. A building permit may also be required.
Permission is also required for any expansion of the restaurant business and any changes to the premises.
In the case of civil law partnerships and commercial partnerships, a separate permit is required for each partner. In the case of legal entities and associations without legal capacity, however, only a single restaurant permit is required.
If you wish to take over an existing restaurant business requiring a permit from another person, you can be granted a temporary permit on revocation (usually for 3 months) until the final restaurant permit is issued (§11 GastG). With this permit, the business can also be taken over at short notice.
A permit to act as a deputy (§ 9 GastG) should be applied for if you wish to have the restaurant run by a deputy who will also be responsible to authorities and institutions. The deputy must meet the same criteria regarding personal reliability and suitability as you yourself.What documents are needed?
You will need the following documents to apply for a restaurant permit:
- 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 the restaurant permit.
- Information from the central trade register for natural persons for submission to an authority. The extract from the central trade register must not be older than three months when applying for a restaurant license.
- Information from the central trade register for legal entities for submission to an authority. You must apply for the extract from the central trade register at the public order office responsible for the company's registered office.
- Excerpt from the commercial register or articles of association, if applicable
- IHK certificate (§ 4 of the Restaurant Act [GastG]). This certificate is a certificate from a Chamber of Industry and Commerce (IHK) confirming participation in the catering training course or a comparable qualification that has been confirmed by the IHK.
- Identity card or other official identification document with photograph
- Purchase, rental or lease agreement as proof that you have actual power of disposal over the business premises
- Floor plan of the rooms intended for restaurant operations and employee accommodation)
Legal basis