Restaurant license; application

You operate a catering business if, in a standing business, you

1. serve drinks for consumption on the premises (pub business) or
2. serve prepared food for consumption on the premises (catering business),

if the business is accessible to the general public or certain groups of people.

The catering trade only requires a permit if alcoholic beverages are served. If only non-alcoholic drinks and/or prepared food are served, the catering trade does not require a permit.

The permit is issued for a specific type of business (e.g. pub and restaurant, discotheque, dance café, etc.) and for the rooms used for the business.
Permission is also required for any expansion of the restaurant business and any change to the type of business.
In the case of civil law companies and trading companies (OHG, KG), each managing partner requires a permit.

If you wish to operate a restaurant requiring a permit through a deputy, you require a deputy permit (§ 9 GastG).
If you wish to take over a restaurant business requiring a permit from another person, you may be permitted to operate the restaurant business until the permit is issued (usually for a period of up to three months) (provisional permit).
The same applies to the granting of a temporary replacement permit (§ 11 GastG).

If the catering activity requiring a permit is only temporary catering on the occasion of an event (special occasion, e.g. club, city, music festival, etc.), the operation of the catering business can be permitted by the municipality under simplified conditions (as a rule, no proof of instruction and no building permit is required) in accordance with § 12 GastG.

Contact:

+(49) 09131 / 86 - 1515

+(49) 09131 / 86 - 2363

The reliability of the trader is checked by the licensing authority on the basis of the certificate of good conduct and the extract from the central trade register.

Instruction on the necessary knowledge of food law (if you run a pub and restaurant) is certified by the Chamber of Industry and Commerce (following a 6-hour course) (proof of instruction). In the case of legal entities (GmbH, AG), these personal licensing requirements must be met by the authorized representatives (managing director, board of directors).

A further prerequisite for the granting of the permit is that a building permit has been granted for the restaurant in the intended form of operation. As a rule, this also fulfills the requirements under restaurant law regarding the suitability of the premises and the location of the restaurant.

The restaurant permit must be issued before the start of operations, so it is necessary to submit the application in good time (approx. 4 weeks before the start of operations).

• To apply for a restaurant license, the following documents are required from the City of Erlangen:
  
  • Restaurant application
  • Business registration form
  • Rental or lease agreement or proof of ownership
  • Building permit
  • Seating plan
  • Proof of training from the IHK
  • Instruction in accordance with the Infection Protection Act (to be obtained from the District Office ERH, Health Department)
  • Certificate in tax matters (to be applied for at the responsible tax office)
  • Information from the enforcement portal from the debtor directories (to be applied for at www.vollstreckungsportal.de)
  • Extract from the commercial register or notarial deed of incorporation for legal entities
• Restaurant application
• Business registration form
• Rental or lease agreement or proof of ownership
• Building permit
• Seating plan
• IHK training certificate
• Instruction in accordance with the Infection Protection Act
  to be obtained from the District Office ERH, Health Department
• Certification in tax matters
  to be applied for at the responsible tax office
• Enforcement portal information from the debtor directories
  to apply at www.vollstreckungsportal.de
• Extract from the commercial register or notarized articles of incorporation for legal entities

• Proof of instruction
• Certificate of good conduct for authorities
  (to be applied for at the municipality of residence)
• Extract from the central trade register
  (to be applied for at the municipality of residence)
• Floor plan of the rooms intended for catering operations and employee accommodation

• Restaurant license: 100 to 6,000 EUR
• Deputy permit and provisional permit: 50 to 600 EUR
• Provisional proxy permit: 30 to 300 EUR
• Certificate of good conduct and extract from the central trade register: EUR 13 each
• Instruction with confirmation (proof of instruction) at the Chamber of Industry and Commerce: EUR 80