Catering trade: Apply for a permit

If you want to run a catering business that serves alcohol, you generally need a catering licence.

Irrespective of the restaurant licence dealt with here and depending on your offer, you may have to fulfil further registration and licensing obligations, for example in accordance with the Trade, Commerce and Industry Regulation Act and the Crafts Code.

You operate a catering business if you commercially

• serve drinks (pub) or prepared food (restaurant) for consumption on the spot in a standing business, i.e. in a permanent establishment, or
• serve drinks or prepared food for consumption on the spot in the travelling trade (from a fixed place of business only for the duration of an event).

In any case, the prerequisite is that the business is accessible to everyone.

You do not require a catering licence if you only

• non-alcoholic drinks,
• free samples,
• prepared meals or
• in connection with an accommodation establishment, drinks and prepared meals to house guests

administer.

Special regulations apply to wine taverns (§ 14 of the Restaurant Act [GastG]).

The licence is issued for a specific type of business (e.g. pub, discotheque, snack bar) and only applies to the premises used for the business. A building permit may also be required.

Authorisation is also required for any expansion of the catering business and any changes to the premises.

In the case of civil law partnerships and commercial partnerships, a separate licence is required for each partner. In the case of legal entities and associations without legal capacity, however, only a single catering licence is required.

If you wish to take over an existing restaurant business requiring a licence from another person, you can be granted a temporary licence on revocation (usually for 3 months) until the final restaurant licence is issued (§11 GastG). With this licence, the business can also be taken over at short notice.

A deputy licence (§ 9 GastG) should be applied for if you wish to have the restaurant run by a deputy who will also be responsible to authorities and institutions. The deputy must fulfil the same criteria regarding personal reliability and suitability as you yourself.

• § Section 2 of the German Catering Act (GastG)
• Tariff item 207 of the Mecklenburg-Vorpommern Trade Costs Ordinance (GewKostVO M-V)
• § Section 4 (1) of the German Catering Act (GastG)
• § Section 14 of the German Catering Act (GastG)

You will need the following documents to apply for a catering licence:

• Application for a restaurant licence

• Information from the Federal Central Criminal Register (certificate of good conduct) for authorities. The certificate of good conduct must not be older than three months when applying for a restaurant licence.
• Information from the central trade register for natural persons for submission to an authority. The extract from the central trade register must not be older than three months when applying for a restaurant licence.
• Information from the central trade register for legal entities for submission to an authority. You must apply for the extract from the central trade register at the public order office responsible for the company's registered office.
• Extract from the commercial register or articles of association, if applicable
• IHK certificate (§ 4 of the Catering Act [GastG]). This certificate is a certificate from a Chamber of Industry and Commerce (IHK) confirming participation in catering training or a comparable qualification that has been confirmed by the IHK.
• Identity card or other official identification document with photograph
• Purchase, rental or lease agreement as proof that you have actual power of disposal over the business premises
• Floor plan of the rooms intended for the catering business and for the stay of employees)

Personal reliability

• Your reliability will be checked on the basis of your certificate of good conduct and extract from the central trade register.
• In the case of legal entities, proof of reliability must always be provided by the managing director.

Suitability of the rooms and the local location

• The premises intended for the catering business must be suitable for the type and scope of the intended use and their location must not be contrary to the public interest, for example with regard to noise protection

You must submit an application for a catering licence to the relevant trade authority. You must enclose the necessary documents, unless these are obtained by the authority itself. If there are no grounds for refusal, the licence you have applied for will be granted.

The Catering Act only applies in the states of Bavaria, Berlin, Hamburg, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate and Schleswig-Holstein. The other nine federal states have enacted their own state catering laws.

• Applying for a licence for a catering business in Mecklenburg-Vorpommern

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Depending on the location in which the restaurant is operated, the catering authority is the municipal or city administration or the district office.

The trade licensing office of the independent city, the large city belonging to the district, the office or the independent municipality in which the activity is to take place is responsible for processing the application

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

• Application for the operation of a catering establishment