Restaurant license; application

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

• serve drinks for consumption on the premises (pub business) or
• 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 will require a deputy permit.

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.

After the death of the license holder, the restaurant business may be continued by the spouse, partner or underage heirs on the basis of the previous license during the period of minority. The same applies to executors, administrators or executors of wills for a period of 10 years after the death. If you wish to continue a business on this basis, you must notify the licensing authority immediately.

If the catering activity requiring a permit is only temporary catering on the occasion of an event (special occasion, e.g. club, town, 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) (see under "Permit under catering law; application" under "Related topics").

Contact:

+(49) 09131 / 86 - 1515

+(49) 09131 / 86 - 2363

Permit requirements are the reliability of the trader, proof of training from the Chamber of Industry and Commerce on the basic principles of the food law knowledge required for the prospective business, space and location-related requirements including accessibility.

• 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.
  In the case of EU citizens, the reliability is checked on the basis of documents issued in the country of origin which prove that the reliability requirements are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they can be replaced by an affidavit in lieu of an oath by the trader or comparable acts under the law of the country of origin.
  In the case of non-EU citizens, an official certificate of good conduct or good character or an extract from the criminal record of the home country or an equivalent document and/or a certificate of good conduct for authorities and information from the central trade register are generally required to verify reliability. If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be dispensed with.
• The Chamber of Industry and Commerce will certify (following up to 6 hours of instruction) that you have the necessary knowledge of food law (if you run a pub or restaurant) (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). Holders of certain completed professional qualifications (e.g. boulanger in France, master baker in Austria) who can provide proof of the relevant qualification are exempt from the proof of instruction.
• A further prerequisite for the granting of the permit is that the rooms intended for the operation of the business or the stay of employees are suitable, that the rooms intended for guests can be used without barriers and that the business is not contrary to the public interest with regard to its local location or the use of the rooms, in particular that there is no fear of harmful environmental effects or other significant disadvantages, dangers or nuisances for the general public.
• In particular, a building permit must be available for the intended type of business.
• In the case of non-EU citizens, a residence permit allowing the exercise of self-employed activity is generally required.

You must submit an application for a restaurant permit or deputy permit to the competent trade authority.

You must also register the business with the relevant municipality (see "Business registration" under "Related topics").

The restaurant permit must be issued before the start of operation, therefore a timely application (approx. 4 weeks before the start of operation) is required.

• Identification card or passport
• Certificate of Good Conduct for Government Agencies
• Extract from the Central Business Register
• For EU citizens: Proof of good standing from the country of origin
  

  in the form of a certified copy and a certified German translation; if necessary, this may be replaced by an affidavit or similar document

• 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 government agencies and a report from the Central Trade Register

• If the business owner regularly and consistently engages in catering activities on specific occasions (and thus as a primary occupation): Proof of completion of an IHK course lasting up to 6 hours
• Floor plan of the rooms intended for restaurant operations and employee use
• Lease Agreement or Proof of Ownership of the Premises
• Building Permit
• For EU and non-EU citizens: Documents required for a restaurant license
  
  • For registered companies: an extract from the commercial register or comparable registration documents from abroad (with a German translation)
  • For civil law partnerships: Articles of Association
  • For a GmbH in the process of formation: a copy of the notarized articles of incorporation and a power of attorney from the founders stating that business operations are to commence prior to entry in the commercial register
• For non-EU citizens: a residence permit that allows for self-employment
• For applications for a substitute permit: Information and documents regarding the applicant and the substitutes
• Power of Attorney: Written power of attorney and identification documents for both the principal and the agent

• To apply for a restaurant license, the City of Erlangen requires the following additional documents:
  
  • Restaurant License Application
  • Business Registration Form
  • Rental or Lease Agreement or Proof of Ownership
  • Building Permit
  • Seating Plan
  • Certificate of Training from the Chamber of Industry and Commerce
  • Information sheet pursuant to the Infection Protection Act (available from the ERH District Office, Public Health Department)
  • Certificate regarding tax matters (to be requested from the relevant tax office)
  • Information from the enforcement portal based on debtor registries (to be requested at www.vollstreckungsportal.de)
  • Commercial register extract or notarized articles of incorporation for legal entities
• Restaurant License Application
• Business Registration Form
• Rental or Lease Agreement or Proof of Ownership
• Building Permit
• Seating Chart
• Certificate of Training from the IHK
• Information in Accordance with the Infection Protection Act
  Available from the ERH District Office, Public Health Department
• Certificate Regarding Tax Matters
  Apply at the appropriate tax office
• Information from the Enforcement Portal based on debtor registries
  Apply at www.vollstreckungsportal.de
• Extract from the commercial register or notarized articles of incorporation for legal entities

• Restaurant license: 100 to 6,000 EUR
• Proxy 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: Costs are based on the respective IHK fee schedule