Apply for a restaurant permit

Prerequisites

• personal reliability
  • Your reliability will be checked, among other things, on the basis of your certificate of good conduct, the excerpt from the central trade register and a certificate in tax matters.
  • In the case of legal entities, reliability must always be proven by the managing director.
• Suitability of the rooms and the local location
  • The rooms intended for catering operations must be suitable for the type and scope of the intended use and their location must not contradict the public interest, for example with regard to noise protection
• Irrespective of the restaurant license discussed here and depending on your offer, you may have to fulfill other registration and license requirements, for example according to the trade regulations and the craft regulations.

Documents required

You need the following documents to apply for a restaurant permit:

• Application for a restaurant permit
• Identity card or passport with last registration certificate
• Purchase, rental or lease agreement to prove that you have the actual power of disposal over the business premises
• Floor plan of the rooms intended for the catering business and the stay of the employees
• Certificate in tax matters,
• Certificate from a chamber of industry and commerce or a chamber of commerce, according to § 4 Gaststättengesetz -GastG, about the participation in a restaurant course or about the acquisition of a comparable qualification.
• Information from the federal central register (certificate of good conduct) for authorities. The certificate of good conduct must not be older than three months when applying for the restaurant permit.
• Information from the central business register for natural persons for submission to an authority. When applying for the restaurant permit, the excerpt from the central trade register must not be older than three months.
• Information from the central trade register for legal entities for submission to an authority. You must apply for the excerpt from the central trade register at the regulatory office responsible for the place of business.

• If applicable, extract from the commercial register or articles of association or articles of incorporation
• If applicable, residence permit if you are a foreigner and not a citizen of an EU or EEA country
• Only when serving meals: Certificate of instruction in accordance with the Infection Protection Act

Please note

A restaurant permit or concession is only required for those who want to serve alcoholic beverages in their establishment. However, it should be noted that the business registration and a building permit are still required.

Spatial changes are changes to the catering law permit, such as enlarging the bar area or changing the adjoining rooms (kitchen, storage rooms, etc.).
A change in the mode of operation is a change in the mode of operation - for example from a bar without any special operating characteristics to a bar in the discotheque mode of operation.

If you want to take over an existing restaurant business that requires a permit from another person, you can be granted a provisional permit that can be revoked (usually for 3 months) until the final restaurant permit is issued. With this permission, the company can also be taken over at short notice.

A representative permit must be applied for if you want to have the restaurant run by a representative who is also responsible to the authorities. The same requirements regarding personal suitability apply to this person as to you.

Deadlines

Deadline Type: Application Deadline




Comment (for more information on the deadline):


The catering trade must be reported before opening the business. The sale of alcohol is only permitted once the requested permit has been granted.

Procedure

You must submit an application for a restaurant permit to the responsible department for consumer protection, trade and the environment.

• You must enclose the documents required in each case, unless these are obtained by the authority itself.
• If there are no grounds for refusal, you will be granted the requested permission.

Processing time

Duration: 1 month to 3 months.


Remark for further information on the processing time:


The processing time depends on the completeness of the documents

Fees

Cost type: variable


Cost: from 495 EUR to 595 EUR


Description of costs: Fee


Payment method: Girocard


If necessary, additionally: transfer/payment slip

Legal remedies

• contradiction


• administrative lawsuit

Legal basis

§ 2 Restaurant Act (GastG)

https://www.gesetze-im-internet.de/gastg/__2.html




§ 4 Restaurant Act (GastG)

https://www.gesetze-im-internet.de/gastg/__4.html




Schedule of Fees for Business Administration

https://www.landesrecht-hamburg.de/bsha/document/jlr-WiVwGebOHA1991rahmen




§ 14 Restaurant Act (GastG)


https://www.gesetze-im-internet.de/gastg/__14.html