If you want to operate a restaurant business that serves alcohol, you generally need a restaurant license.
Regardless of the restaurant license discussed here and depending on what you offer, you may have to fulfill additional registration and licensing requirements, for example, in accordance with the Trade Regulation Act and the Crafts and Trades Regulation Code.
You are operating a restaurant business if you commercially
- serve beverages (pub) or prepared food (restaurant) for consumption on the premises in a stationary business, i.e., in a fixed place of business, or
- in the itinerant trade (from a fixed place of business that is only temporary for the duration of an event) serve beverages or prepared food for consumption on the premises.
In any case, the prerequisite is that the business is accessible to everyone.
You do not need a restaurant license if you only serve
- non-alcoholic beverages,
- free samples,
- prepared food, or
- serve drinks and prepared food to guests in conjunction with an accommodation business
.
Special regulations apply to seasonal wine taverns (Section 14 of the Restaurant Act [GastG]).
The permit is granted for a specific type of business (e.g., pub, discotheque, snack bar) and is only valid for the premises used for the business. A building permit may also be required.
Any expansion of the restaurant
business and any changes to the premises also require a permit.
In
the case of civil law partnerships and commercial partnerships, each partner requires their own permit. 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 from another person that requires a permit, you can be granted a provisional permit subject to revocation (usually for 3 months) until the final restaurant permit is issued (Section 11 GastG). With this permit, the business can also be taken over at short notice.
A permit for representation (Section 9 GastG) should be applied for if you want to have the restaurant run by a representative who is also responsible for dealing with authorities and institutions. The representative must meet the same criteria regarding personal reliability and suitability as you yourself.
Personal reliability
- Your reliability will be checked on the basis of your certificate of good conduct and the extract from the Central Trade Register.
- In the case of legal entities, reliability must always be proven by the managing director.
Suitability of the premises and the local location
- The premises intended for restaurant operations must be suitable for the type and scope of the intended use and must not conflict with the public interest in terms of their location, for example with regard to noise protection.
