Apply for a temporary restaurant permit Unfortunately this specification of service has not yet been completely translated.
Would you like to take over a restaurant serving alcohol from another person? In order to continue the restaurant business without interruption, you can first apply for a provisional permit, which will later be replaced by the final permit.
For the operation of a restaurant with alcohol you need a permit.
If you want to take over the restaurant from another person, you can apply for a provisional permit under facilitated conditions in order 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. For good cause, however, the period of validity of the provisional permit may exceptionally be extended. This is especially true if a final permit is not granted within the three-month period.
It is a catering business if you are commercially
- administer drinks (pub) or
- administer prepared food (catering industry), and
- the establishment is accessible to everyone or a certain group of people.
Only if you offer alcoholic beverages, your catering business is subject to a permit. However, if you only offer soft drinks and prepared food, your catering business is not permitted.
To prove personal reliability, you must submit the following documents to the competent authority:
- Copy of the identity card or passport with registration certificate, or presentation on site. Application for a certificate of good conduct for submission to an authority in accordance with § 30 paragraph 5 of the Federal Central Register Act
- Application for an extract from the Central Trade Register for submission to an authority in accordance with § 150 paragraph 5 of the Trade Code (Leika key: 99052002109000)
- Certificate in tax matters from the tax office of the place where you have lived or operated a business in 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 will 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/ Citizen Services.
The information must not be older than 3 months.
You can prove your professional suitability by means of the following documents:
- If applicable: Proof of information from a Chamber of Industry and Commerce in accordance with § 4 sec. 1 sentence 1 no. 4 of the Restaurant Act (the competent authority may waive this proof for the granting of a provisional permit) or
- Proof of an exemption pursuant to No. 3.4 of the General Administrative Regulation on the Proof of Information in the Restaurant Act in conjunction with .m Annex 3 thereto
Please note that the competent authority requires further documents in individual cases. Inform yourself in good time before your application.
- Online procedure possible: yes
- Written form required: no
- Personal appearance required: no
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 operating mode (e.B. pub, restaurant, discotheque) in the context of the continuation of the operation.
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 applicable. Your professional aptitude
The provisional permission under restaurant law will not be granted to you if a structural change has taken place, the business has been closed for more than 1 year or if it is a new construction.
§ 11 Restaurant Act (GastG)
§ 2 Restaurant Act (GastG)
§ 4 Restaurant Act (GastG)
Submit your application for a temporary 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 application.
You will receive a notification when permission is granted to you.
If you have not yet received the final permit by the time your provisional permit expires, you must apply for an extension in good time.
Responsible for the content
Ministry of Economic Affairs, Innovation, Digitalization and Energy NRW
Last update or date of publication