Catering trade: Apply for a temporary permit

  • Short text

    • Catering trade licence provisional
    • The operation of a restaurant serving alcohol requires a licence
    • If the restaurant is taken over by another person, a temporary licence can be applied for until a final licence is obtained
    • As a rule, temporary authorisation can be granted for up to 3 months
    • A permanent licence must be applied for at least at the same time.
    • A licence is only required for the catering trade if alcoholic beverages are offered for consumption on the premises. If only non-alcoholic drinks and prepared food are served, the catering trade is not subject to authorisation.
  • Full text

    You need a licence to operate a restaurant that serves alcohol.

    If you want to take over the pub from another person, you can apply for a temporary licence under simplified conditions to enable seamless continued operation. This temporary licence is usually granted for a maximum of three months and later replaced by a permanent licence. The application for the final licence must already have been submitted or at least be submitted at the same time as the application for the provisional licence. In exceptional cases, the period of validity of the temporary permit may be extended for good cause. This applies in particular if a final permit is not issued within the three-month period.

    It is a catering business if you are commercially

    • serve drinks (pub) or
    • serve prepared food (catering), and

    the business is accessible to everyone or a specific group of people.

    Your catering business only requires a licence if you offer alcoholic beverages. However, if you only offer non-alcoholic drinks and prepared food, your catering business does not require a licence.

  • Basis for action(s)

  • Required documents

    You must submit the following documents to the competent authority (these are the same documents that must be submitted for the final catering licence):

    • Identity card or passport with registration certificate
    • Residence permit if you are a foreigner and not a national of an EU or EEA country
    • Extract from the Federal Central Criminal Register for submission to an authority (certificate of good conduct) (The certificate of good conduct must be applied for by the person concerned in person at the local registration office or via the online portal of the Federal Office of Justice. If the person concerned is legally represented, the authorised representative is also entitled to apply. The certificate of good conduct will be sent directly to the relevant authority by the Federal Office of Justice)
    • Extract from the central trade register for submission to a public authority (The extract from the central trade register must be applied for by the person concerned in person at the relevant office or via the online portal of the Federal Office of Justice on presentation of their identity card or passport. If the person concerned is legally represented (e.g. minors), the authorised representative is also entitled to apply. The extract from the central trade register will be sent directly to the relevant authority by the Federal Office of Justice).
    • Certificate in tax matters from the tax office in the place where you have lived or run a business in the last three years

    The information must be requested from the municipality of residence for submission to an authority and will be sent directly to the authority. You must therefore state the exact address of the competent licensing authority and the purpose of use in your application.

    The information can also be requested using the online procedure provided by the Federal Office of Justice/Citizen Services.

    The information must not be older than 3 months.

    You can prove your professional suitability with the following documents:

    • Proof of instruction from a chamber of industry and commerce in accordance with Section 4 (1) sentence 1 no. 4 of the Catering Act (the competent authority may waive this proof for the granting of a provisional licence) or
    • Proof of exemption in accordance with No. 3.4 of the General Administrative Regulation on Proof of Instruction in the Catering Industry (GastUVwV) in conjunction with its Annex 3

    Please note that the responsible office may require additional documents in individual cases. Find out in good time before submitting your application.

  • Prerequisites

    You can only apply for a provisional pub licence if you wish to take over an existing pub unchanged (not for a new establishment or extension). This means that no changes may be made to the premises or the type of business (e.g. pub, restaurant, discotheque) as part of the continuation of the business.

    You will only receive the provisional licence if you have already applied for the (final) restaurant licence or are applying for it at the same time.

    To obtain a licence, you must

    • be personally reliable and
    • Prove your professional suitability
  • Costs (fees, expenses, etc.)

    Prepayment: No

  • Procedure

    Submit your application for a temporary catering licence to the competent authority.

    At the same time, apply for a restaurant licence for the permanent operation of your restaurant. Enclose all the necessary documents with this application.

    You will receive a notification if you are granted authorisation.

    If you have not yet received the final permit by the time your temporary permit expires, you must apply for an extension in good time.

  • Deadlines

    The temporary restaurant licence is usually limited to 3 months.

    You can apply for an extension if there are certain reasons. Good cause exists if you have not yet received the final permit by the time your temporary permit expires.

    The competent authority must be notified of the start of the authorised activity at the same time (business registration).

    Time limit: 10 years

    Objection period: 1 month

  • Forms

    • Online procedure possible: yes
    • Written form required: no
    • Personal appearance required: no
  • Notes (special features)

    You will not be granted a temporary licence under catering law if a structural change has taken place, the business has been closed for longer than 1 year or it is a new establishment.

  • Legal remedy

    Appeal (depending on national law, the appeal may be excluded), administrative court action

  • Author

    Forwarding service: Deep link to the original portal
  • Typing

    3b
  • Responsible office

    Responsibility and procedures are regulated by the federal states.

    In Mecklenburg-Western Pomerania, responsibility lies with the independent towns, the large towns belonging to the district and the local authorities and independent municipalities

  • Supporting institutions

    Chambers of industry and commerce, districts, independent cities, the responsible local authority or the administration of the independent municipality provide support with the application.


Responsible departments

Responsible employees

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