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Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
If you want to operate a catering business serving alcohol, you generally need a catering licence.
Independently of the restaurant permit discussed here and depending on your offer, you may have to fulfil further registration and permit obligations, for example according to the Trade Regulation Act and the Handicrafts Code.
You operate a catering trade, if you commercially
- in a standing trade, i.e. in a fixed place of business, you serve drinks (Schankwirtschaft) or prepared meals (Speisewirtschaft) for consumption on the spot, or
- in a travelling trade (from a fixed place of business only for the duration of an event), serve drinks or prepared meals for consumption on the spot.
The prerequisite in each case is that the establishment is generally accessible to everyone.
You do not need a restaurant permit if you only serve
- non-alcoholic beverages,
- free samples,
- prepared meals or
- in connection with an accommodation business drinks and prepared meals to house guests.
to house guests.
Special regulations apply to Straußwirtschaften (§ 14 of the Gaststättengesetz [GastG]).
The permit is issued for a specific type of establishment (e.g. pub, discotheque, snack bar) and applies only to the premises serving the establishment. A building permit may also be required.
Permission is also required for any expansion of the catering establishment and any alteration of 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, on the other hand, only a single restaurant permit is required.
If you want to take over an existing licensed restaurant business 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 deputy permit (§ 9 GastG) should be applied for if you want to have the restaurant run by a deputy who is also to act responsibly towards authorities and institutions. The deputy must meet the same criteria regarding personal reliability and suitability as you yourself.
You must submit an application for a restaurant permit to the competent trade authority. In doing so, you must enclose the documents required in each case, unless these are obtained by the authority itself. Provided that there are no grounds for refusal, the permit applied for will be granted.
Who should I contact?
Chambers of Industry and Commerce, Chambers of Crafts, counties, independent cities, the responsible district administrations or administrations of the independent municipalities will support you in the application process.
The procedure can be handled via the network of points of single contact.
Depending on the location in which the restaurant is operated, the restaurant authority is the municipal or city administration or the district office.
- Your reliability will be checked on the basis of your certificate of good conduct and the extract from the commercial 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 rooms intended for the restaurant business must be suitable for the type and extent of the intended use and must not be contrary to the public interest with regard to their location, for example with regard to noise protection.
Which documents are required?
You will need the following documents to apply for a restaurant permit:
- Application for a restaurant permit
- Information from the Federal Central Register (certificate of good conduct) for authorities. The certificate of good conduct must not be older than three months at the time of application for the restaurant permit.
- Information from the central business register for natural persons for submission to an authority. The extract from the commercial central register must not be older than three months at the time of application for the restaurant licence.
- Information from the central business register for legal persons for submission to an authority. You must apply for the extract from the commercial central register at the public order office responsible for the place of business.
- If applicable, excerpt from the commercial register or articles of association or partnership agreement
- IHK certificate (§ 4 of the German Restaurant Act [GastG]). This proof is a certificate from a chamber of commerce and industry confirming participation in the catering instruction course or a comparable qualification confirmed by the chamber of commerce and industry.
- Identity card or other official identification document with photo
- Purchase, rental or lease agreement as proof that you have the actual power of disposal over the business premises.
- Floor plan of the rooms intended for the operation of the restaurant and the stay of the employees)
What else should I know?
The Catering Act only applies in the federal states of Bavaria, Berlin, Hamburg, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate and Schleswig-Holstein. The other nine states have enacted their own state restaurant laws.
The text was automatically translated based on the German content.
Technically approved by
Federal Ministry for Economic Affairs and Energy, Division VIIB3
Professionally released on