Permit under restaurant law; application

Catering for profit where alcoholic beverages are served requires a permit in accordance with Section 2 (1) GastG (the district administrative authority is responsible for issuing a corresponding restaurant permit). If only non-alcoholic drinks and/or prepared food are served, the establishment does not require a permit.

If you wish to operate a catering business requiring a permit only temporarily due to a special occasion (e.g. club, town, music festival, etc.), the operation can be permitted by the responsible municipality in accordance with § 12 GastG under simplified conditions (as a rule, no proof of instruction and no building permit is required).

The prerequisite is that the catering is only for a limited period of time on the occasion of an event. According to case law, a special occasion can be assumed if the catering activity in question is linked to a short-term, infrequently occurring event that lies outside the catering activity (the occasion must therefore be exclusively of a non-gastronomic nature).

Commercial activity is also deemed to exist if the profit is used for charitable purposes.
Just like the restaurant permit, the permit under restaurant law is also space-related and can therefore only be granted for a specific location (i.e. not for a specific beer tent regardless of the specific location). A permit is also required if the applicant is the holder of a traveling trade license.


Regional Supplement (Editorially responsible: City of Erlangen)

Contact:

+(49) 09131 / 86 - 1682

+(49) 09131 / 86 - 2636

The prerequisite is the reliability of the trader. If the personal circumstances of the applicant are not known to the municipality, reliability is checked on the basis of a certificate of good conduct and information from the central trade register. A certificate of good conduct and information from the central trade register are generally not required if the applicant is in possession of a traveling trade license.

A further requirement is that the premises meet the necessary structural requirements.

Proof of training (participation in a 6-hour IHK course) is generally not required unless the trader carries out catering activities on a regular and sustained basis on certain occasions (and therefore as their main occupation).

Administrative court action