Apply for a temporary restaurant permit

You need a permit to operate a restaurant where you want to serve/sell alcohol. Only if you offer alcoholic beverages does your restaurant business require a permit. However, if you only offer non-alcoholic beverages and prepared food,...

You need a permit to operate a restaurant where you want to serve/sell alcohol.
Only if you offer alcoholic beverages does your restaurant business require a permit. However, if you only offer non-alcoholic beverages and prepared food, your catering business does not require a permit.
If you want to take over the restaurant from someone else, you can apply for a temporary permit under easier conditions - to enable seamless continued operation. This provisional permit is usually granted for a maximum of three months and is later replaced by a final permit. However, the period of validity of the provisional permit can be exceptionally extended for important reasons. This applies above all if a final permit is not granted within the three-month period.
It is a hospitality business if you are commercial

Dispense drinks (tavern) or
administer prepared meals (catering), and
the company is accessible to everyone or a certain group of people.

Important notes

Prerequisites

You can only be granted a temporary restaurant license if you want to take over an existing alcohol-serving restaurant without any changes.
You cannot apply for a provisional restaurant permit for a new establishment or expansion. This means that no changes may be made to the premises or to the operating mode, for example as a bar, dining area or discotheque as part of the continuation of operations.
You will only receive the provisional permit if you have already applied for the restaurant permit or are applying at the same time

Documents required

Copy of identity card or passport with current registration certificate,
Certificate in tax matters (not older than 3 months)
rental or lease agreement
Application according to § 2 Restaurant Act
in which case. residence permit

You can prove your professional qualifications with the following documents:

If applicable: Proof of training from a chamber of industry and commerce in accordance with Section 4 (1) sentence 1 no. 4 of the Restaurant Act
Evidence of an exemption in accordance with No. 3.4 of the general administrative regulation on the proof of instruction in the Restaurant Act in conjunction with Annex 3

Please note

There are the following hints:
The period of validity is usually limited to a maximum of three months. It can be extended at the request of the holder, provided that there is an important reason for this. An important reason exists in particular if the granting of the final permit applied for is delayed for reasons for which the applicant is not responsible.

The provisional catering license will not be granted if the operation of the predecessor has been legally revoked, a structural change has taken place, the operation has been closed for more than 1 year or it is a new construction.

Deadlines

Deadline Type: Application Deadline

Note (for more information on the deadline): The catering trade must be declared before the establishment opens.

Procedure & Fees

Procedure

Submit your completed and signed application for a temporary restaurant permit and the other required documents.
At the same time, apply for a restaurant permit for the final operation of your restaurant. Attach all required documents to this application.
If you have not received the final permit by the time your temporary permit expires, you must apply for an extension in good time.

Processing time

Duration (at range): 1 week to 8 weeks

Comment for further information on the processing time: 1-2 weeks if all documents are submitted. Otherwise up to 8 weeks.

Fees

Cost type: fixed

Cost amount (fixed): 45 euros

Description of the costs: fee

Method of payment: Girocard

Legal notes

Legal basis

§ 11 Restaurant Act (GastG)

https://www.gesetze-im-internet.de/gastg/index.html#BJNR004650970BJNE001201308

§ 4 Restaurant Act (GastG)

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

Downloads & Links

Forms and downloads

Find out your responsible facility

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Last updated: 27.11.2022