Apply for provisional restaurant permit

  • Service description

    You need a permit to operate a restaurant serving alcohol.

    If you want to take over the restaurant from another person, you can - in order to enable seamless continued operation - apply for a temporary permit under simplified conditions. As a rule, this temporary permit is issued for a maximum of three months and is later replaced by a permanent permit. The application for the final permit must already have been submitted or at least be submitted at the same time as the application for the temporary permit. For good cause, the period of validity of the temporary permit may be extended by way of exception. This applies in particular if a final permit is not issued within the three-month period.

    It is a restaurant business if you are commercially

    • Serve drinks (taproom) or
    • serve prepared food (catering), and

    the establishment is accessible to everyone or to a certain group of people.

    Only if you offer alcoholic beverages, your restaurant business is subject to licensing. However, if you only offer non-alcoholic beverages and prepared meals, your restaurant business is not subject to licensing.

  • Process flow

    Submit your application for a temporary restaurant permit to the appropriate authority.

    At the same time, apply for a restaurant permit for the permanent operation of your restaurant. Attach all required documents to this application.

    You will receive a notification when permission is granted.

    If you have not received your final permit by the time your temporary permit expires, you must apply for an extension in a timely manner.

  • Requirements

    You can only apply for a temporary restaurant permit if you want to take over an already existing restaurant unchanged (not in the case of a new establishment or expansion). This means that no changes may be made to the premises or the type of operation (e.g. pub, restaurant, discotheque) as part of the continuation of the operation.

    You will only receive the temporary permit if you have already applied for the (final) restaurant permit or are applying for it at the same time.

    To obtain permission, you must

    • be personally reliable and
    • Demonstrate your professional suitability
  • What documents are needed?

    You must submit the following documents to the appropriate authority (these are the same documents that must be submitted with the final restaurant permit):

    • Identity card or passport with certificate of registration
    • Residence permit if you are a foreigner and not a national of an EU or EEA country
    • Extract from the Federal Central Register for submission to an authority (certificate of good conduct) (The certificate of good conduct must be applied for by the person concerned in person at the local registration office or via the online portal of the Federal Office of Justice. If the person concerned is legally represented, the representative is also entitled to apply. The certificate of good conduct is sent directly to the authority concerned by the Federal Office of Justice).
    • Extract from the central commercial register for submission to a public authority (The extract from the central commercial register must be applied for by the person concerned in person at the competent office or via the online portal of the Federal Office of Justice upon presentation of the ID card or passport. If the person concerned is legally represented (e.g. minors), the representative is also entitled to apply. The extract from the commercial central register is sent directly to the authority concerned by the Federal Office of Justice).
    • Certificate in tax matters from the tax office of the place where you have lived or conducted a business in the last three years

    The information must be applied for at the municipality of residence for submission to an authority, this will be sent directly to the authority. You must therefore state the exact address of the relevant permitting authority and the purpose of use in your application.

    The information can also be requested in the online procedure provided by the Federal Office of Justice/Citizen Services.

    The information must not be older than 3 months.

    You prove your professional suitability by the following documents:

    • Proof of instruction from a chamber of industry and commerce in accordance with Section 4 (1) Sentence 1 No. 4 of the German Catering Act (this proof may be waived by the competent authority for the granting of a provisional permit) or
    • Proof of exemption according to No. 3.4 of the General Administrative Regulation on the Proof of Instruction in the Catering Industry (GastUVwV) in connection with its Annex 3

    Please note that the responsible office may require additional documents in individual cases. Find out in good time before submitting your application.

  • What are the fees?

    Is based on the respective administrative fee regulations of the state or the fee statutes of the bodies responsible under state law.

  • What deadlines do I have to observe?

    The temporary restaurant permit is usually valid for a period of up to 3 months.

    You can apply for an extension if there are certain reasons. An important reason exists if you have not received the final permit by the time your temporary permit expires.

    The start of the permitted activity must be notified to the competent authority at the same time (business registration).

  • Legal basis


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