Catering permit provisional

You need a permit to run a restaurant with an alcohol drink. If you wish to take over the restaurant from another person, you can apply for a provisional permit under simplified conditions in order to allow seamless operation. This provisional authorisation is normally granted for a maximum of three months and is subsequently replaced by a final permit. For an important reason, however, the period of validity of the provisional authorisation may exceptionally be extended. This applies in particular if a final permit is not granted within the three-month period. It is a catering industry if you are administer drinks (dispersing) or prepared food (catering), and the establishment is accessible to anyone or to a specific group of people. Only if you offer alcoholic beverages, your catering industry is subject to a permit. However, if you only offer soft drinks and prepared food, your catering industry is free of charge.

To demonstrate personal reliability, you must provide the competent authority with the following documents: Copy of the identity card or passport with registration certificate or presentation on site. Application for a management certificate for submission to an authority in accordance with Section 30 (5) of the Federal Central Register Act Application for a central business register for submission to an authority in accordance with Section 150 paragraph 5 of the Commercial Code (Leika key: 99052002109000) Certificate in tax matters of the tax office of the place where you have lived or engaged in a business for the last three years residence permit if you are a foreigner and not a national of an EU or EEA country The information must be requested from the municipality of residence for submission to an authority, which shall be sent directly to the authority. You must therefore indicate in your application the exact address of the competent licensing authority and the intended use. The information can also be requested in the online procedure provided by the Federal Office of Justice/Citizens' Services. The information may not be older than 3 months. You can prove your professional suitability by means of the following documents: Where applicable: proof of information provided by an Chamber of Commerce and Industry pursuant to Section 4(1) sentence 1 no. 4 of the Restaurant Act (the competent authority may waive this proof for the issue of a provisional permit) or Proof of exemption pursuant to point 3.4 of the General Administrative Regulation on proof of information in the Restaurant Act i.V.m. Please note that the competent authority requires further documentation in individual cases. Inform yourself in good time before submitting your application.


Online procedure possible: yes Written form required: no Personal appearance necessary: no

Preconditions
You can only apply for a temporary restaurant permit if you want to take over an existing restaurant unchanged (not in the case of a new establishment or expansion). This means that no changes may be made to the premises or to the type of operation (e.B. disservice, catering, discotheque) as part of the continuation of the business. You will only receive the provisional permit if you have already applied for the restaurant permit or are applying for it at the same time. To obtain a permit, you must prove the following: Your personal reliability If necessary, Your professional aptitude

Hints
You shall not be granted a temporary permit under catering law if a structural change has taken place, the plant has been closed for more than 1 year or if it is a new one.
Submit your application for a provisional restaurant permit to the competent authority. At the same time, apply for a restaurant permit for the final operation of your restaurant. Attach all necessary documents to this request. You will receive a notification when you are granted permission. If you have not yet received the final permission by the expiry of your provisional permit, you must apply for an extension in good time.

Responsible for the content
Ministry of Economy, Innovation, Digitization and Energy NRW

Last update or date of publication
04.12.2020