If you want to operate a restaurant business with alcohol, you generally need a restaurant permit.
Regardless of the restaurant permit covered here and depending on your offer, you may have to fulfill further registration and permission obligations, such as the Trade Code and the Crafts Code.
You operate a catering business if you are a business
- in the standing trade, i.e. in a permanent establishment, administer beverages (pub) or prepared food (restaurant) for consumption on the spot or
- in the travel industry (from a permanent establishment established only for the duration of an event), administer drinks or prepared food for consumption on the spot.
In any case, the prerequisite is that the company is basically accessible to everyone.
You do not need a restaurant permit if you only
- soft drinks,
- free samples,
- prepared food, or
- in conjunction with an accommodation establishment Drinks and prepared food to house guests
Special regulations apply to Straußwirtschaften (§ 14 of the Gaststättengesetz [GastG]).
The permit is granted for a specific type of operation (e.g. pub, discotheque, snack bar) and is only valid for the rooms used for the operation. A building permit may also be required.
Any extension of the restaurant and any change to the rooms is also subject to authorisation.
In the case of civil-law partnerships and partnerships, a separate permit is required for each partner. In the case of legal persons and associations with no legal capacity, however, only a single restaurant permit is required.
If you want to take over an existing restaurant business requiring a permit from another person, you can be granted a provisional permit on revocation (usually for 3 months) until the final restaurant permit is granted (§11 GastG). With this permission, the operation can also be taken over at short notice.
A permit for representation (§ 9 GastG) should be applied for if you want to have the restaurant run by a deputy, who should also act responsibly towards authorities and institutions. The deputy must meet the same criteria for personal reliability and suitability as you do.