Restaurant license; application

You operate a catering business if you are in the standing trade

• serve drinks for consumption on the spot (pub) or
• serve prepared food for consumption on the spot (catering),

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

The catering trade only requires a permit if alcoholic beverages are served. If only non-alcoholic beverages and/or prepared food are served, the restaurant business 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.

A permit is also required for any expansion of the restaurant business and any change to the type of business.

In the case of civil law partnerships and commercial partnerships (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 requiring a permit from another person, you may be permitted to operate the restaurant business until the permit is issued on a revocable basis (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 on the basis of the previous license by the spouse, partner or underage heirs 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 to run 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 "Licensing under catering law; application" under "Related topics").

Please use the secure contact form to reach the responsible office.

You will also find the following additional documents under the forms:

• Application for proxy authorization.
• Information sheet on restaurant licenses.
• Information sheet for food trucks.
• Information sheet on proxy authorization.
• Instruction sheet for sales stands.

Permit requirements are reliability of the business operator, 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. A certified copy of the documents and a certified German translation may be required. If such documents are not issued in the country of origin, they may 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 waived.
• 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 and 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 vocational training courses (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 form of operation.
• Non-EU citizens generally require a residence permit that allows them to be self-employed.

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).

in a certified copy and certified German translation; if necessary, replacement by an affidavit in lieu of an oath or similar acts

Official certificate of good conduct or good character or 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

• for registered companies: Extract from the commercial register or comparable registration documents from abroad (with German translation)
• for companies under civil law: articles of association
• in the case of a GmbH in formation: a copy of the notarized formation contract and a power of attorney from the founders, according to which the commencement of business is to be recorded prior to entry in the commercial register

• Application for a restaurant license
• Application for proxy authorization
• Information sheet on restaurant licenses
• Information sheet for food trucks
• Information sheet on proxy authorization
• Information sheet for sales stands

• Restaurant license: 100 to 6,000 EUR
• Proxy permit and provisional permit: EUR 50 to 600
• Provisional replacement 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

• General administrative regulation on proof of instruction in the hospitality industry (GastUVwV)
• Annex to the Ordinance on the Enactment of the Schedule of Costs under the Costs Act (Kostenverzeichnis - KVz)
• §§ 2 ff. German Restaurant Act (GastG)

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").

• Travel trade; application for a permit
• Display of persons; application for a permit