Service content
Description of the
You are running a catering business if you are carrying on a business on a permanent basis
- Serve drinks for consumption on the premises (pub) or
- serving prepared meals for consumption on the premises (catering),
if the premises are open to the general public or to specific groups of people. A
licence is required for the hospitality industry only if alcoholic drinks are served. If only non-alcoholic drinks and/or prepared food are served, no licence is required.
The licence is granted for a specific type of establishment (e.g. pub and restaurant, nightclub, dance café, etc.) and for the premises used for the business. Any expansion of the catering business and any change to the type of establishment also requires a licence
.
In the case of civil-law partnerships and commercial partnerships (OHG, KG), each managing partner requires a licence.
If you wish to operate a catering business requiring a licence through a representative, you will need a representative’s licence.
If you wish to take over a catering business requiring a licence from another person, you may be permitted to carry on the catering business on a revocable basis (usually for a period of up to three months) until the licence is granted (provisional licence).
The same applies to the granting of a provisional licence for a deputy.Following the death of the licence holder, the catering business may continue to be operated under the existing licence by the spouse, civil partner or minor heirs whilst they remain minors. The same applies to estate administrators, estate curators or executors for a period of up to 10 years following the opening of the succession. If you wish to continue operating the business on this basis, you must notify the licensing authority immediately. If the catering
activity requiring a licence is only a temporary provision of food and drink on the occasion of an event (a special occasion, such as a club, town or music festival, etc.), the local authority may grant permission to operate the catering business under simplified conditions (as a rule, no proof of training and no planning permission are required) (see ‘Catering Licence; Application’ under ‘Related Topics’).Prerequisites
The conditions for granting a licence are that the business operator is of good character, and that they provide evidence from the Chamber of Industry and Commerce of having received training in the fundamentals of food law required for the proposed business, as well as meeting requirements relating to premises and location, including accessibility.
- The licensing authority checks the trader’s good character on the basis of a certificate of good conduct and an extract from the Central Trade Register.
In the case of EU citizens, reliability is verified on the basis of documents issued in the country of origin which prove that the reliability requirements are met. In such cases, it may be required that the documents be submitted as certified copies accompanied by a certified German translation. If such documents are not issued in the country of origin, they may be replaced by a statutory declaration by the trader or by comparable measures under the law of the country of origin.
In the case of non-EU citizens, verification of reliability generally requires the submission of an official certificate of good conduct or an extract from the criminal record (criminal record) from the home country or an equivalent document and/or a certificate of good conduct for official purposes and an extract from the Central Trade Register. If, on the basis of the foreign national’s previous residence, it can be assumed that the aforementioned certificates and evidence no longer contain, or do not yet contain, facts relevant under commercial law, the requirement to submit the foreign or German certificates may be waived. - Certification of the necessary knowledge of food law (provided you operate a pub or restaurant) is issued by the Chamber of Industry and Commerce (following a course lasting up to 6 hours) (certificate of completion). In the case of legal entities (GmbH, AG), these personal licence requirements must be met by the authorised representatives (managing directors, board members). Holders of certain completed vocational qualifications (e.g. ‘Boulanger’ in France, ‘Bäckermeister’ in Austria) who can provide evidence of the relevant qualification are exempt from the requirement for a certificate of training.
- A further condition for the granting of the licence is that the premises intended for the operation of the business or for the accommodation of employees are suitable, that the premises intended for guests are accessible to all, and that the business, in view of its location or the use of the premises, does not conflict with the public interest, in particular, that there is no reason to fear any harmful environmental impacts or other significant disadvantages, dangers or nuisances to the general public.
- In particular, a planning permission must be in place for the intended form of operation in each case.
- Non-EU nationals generally require a residence permit that allows them to carry out self-employed work.
- The licensing authority checks the trader’s good character on the basis of a certificate of good conduct and an extract from the Central Trade Register.
Deadlines
The restaurant licence must be granted before the business commences trading; it is therefore necessary to submit the application in good time (approximately 4 weeks before the business commences trading).
Required documents
Identity card or passport
Certificate of good conduct for official purposes
Extract from the Central Trade Register
For EU citizens: Certificate of good conduct from the country of origin
a certified copy and a certified German translation; where applicable, these may be replaced by an affidavit or similar formalities
For non-EU citizens: proof of good character
An official certificate of good conduct or character, or an extract from the criminal record of the applicant’s home country, or an equivalent document, and/or a certificate of good conduct for official purposes and a report from the Central Trade Register
if the business operator carries out catering activities on a regular and ongoing basis on specific occasions (and thus as their main occupation): Proof of attendance at an IHK course
lasting up to 6 hours Floor plan of the premises
intended for the restaurant business and for staff accommodation Lease agreement or proof of ownership of the premises
Planning permission
For EU and non-EU citizens: Documents required for a catering licence
- For registered companies: an extract from the commercial register or equivalent registration documents from abroad (with a German translation)
- for civil law partnerships: partnership agreement
- in the case of a GmbH being formed: a copy of the notarised memorandum of association and a power of attorney from the founders stating that business operations are to commence before entry in the Commercial Register
For non-EU citizens: a residence permit authorising
self-employment For applications for a deputy’s permit: details and supporting documents relating to the applicant and the deputy
Power of attorney: a written power of attorney and proof of identity for both the principal and the authorised representativeCosts
- Restaurant licence: 100 to 6,000 EUR
- Authorisation for a substitute and provisional authorisation: 50 to 600 EUR
- Provisional authorisation to act as a substitute: 30 to 300 EUR
- Certificate of Good Conduct and extract from the Central Trade Register: 13 EUR each
- Notification with confirmation (proof of notification) to the Chamber of Industry and Commerce: Costs are determined in accordance with the relevant Chamber of Industry and Commerce schedule of fees
Legal basis
Legal remedy
Administrative court actionProcedure
You must submit an application to the relevant trade licensing authority for a restaurant licence or a deputy licence.
Notes
You must also register your business with the relevant local authority (see ‘Business registration’ under ‘Related topics’).