Service Finder
Catering trade, apply for a permit for a special occasion
Service Description
If you would like to operate a catering business that requires a permit and serves alcohol as part of a temporary event (e.g. funfair, town festival, shooting festival) or for another temporary reason (e.g. canteen on the occasion of a major construction site), you can apply for a temporary permit (permission) under simplified conditions. The permit is revocable.
Permission is also required if you have a traveling trade license. Conversely, you do not require a traveling trade license for a specific event if you already have a permit for this (§ 55a Para. 1 No. 7 GewO).
If you wish to regularly participate in a certain recurring event with your catering business (e.g. an annual public festival), there is generally an alternative to repeatedly applying for a permit. If there are no changes to the premises or the type of operation of your business, a permanent permit can be considered. However, the granting of such a permit does not mean anything about the allocation of a stand at the respective event.
As a permit is only granted for the duration of a specific event, i.e. for a limited period of time, it is subject to less stringent conditions than the granting of a permanent restaurant permit.
Process flow
The application for the permit must be submitted to the competent authority. You must provide the necessary information and attach any documents that may be relevant to the assessment of your application.
Note: The organizer himself must submit the application. If the organizer is a legal entity or an association without legal capacity, a legal representative must submit the application.
The competent authority can impose conditions on the restaurant permit at any time, i.e. also retrospectively.
Competent authority
Responsibility and procedures are regulated by the federal states. In all federal states, permits under catering law are issued by the local authorities, municipalities or independent cities.
Requirements
In order for you to be granted permission, you must
- be personally reliable,
- Information from the Federal Central Register (certificate of good conduct for authorities)
- Information from the central trade register
- Prove your professional suitability
- Instruction in accordance with Section 4 (1) sentence 1 no. 4 GastG by a chamber of industry and commerce on the main features of the provisions of food law or an 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
Prove that the spatial requirements for the protection of the life and health of visitors and employees are met. The permit may be subject to conditions to ensure that this requirement is met.
Which documents are required?
- Identity card or passport with registration certificate
- Residence permit if the applicant is a foreigner and not a national of an EU or EEA country.
- Current excerpt from the commercial register
Registered companies should submit a current excerpt from the commercial register with their application. Legal entities in the process of being founded (GmbH, AG) submit the articles of association or the statutes.
- Restaurant license according to § 4 GastG
In the case of repeated applications, a certificate from a Chamber of Industry and Commerce (IHK) confirming participation in the restaurant training course or a comparable qualification (confirmation from the IHK) is required.
- Certificate of good conduct only required if the reliability of the licensing authority is not known. Information from the Federal Central Register (certificate of good conduct for submission to an authority; document type 0). The information must be requested from the municipality of residence for submission to an authority; it will be sent directly to the authority responsible for the event location.
The information must not be older than 3 months. It can also be requested online from the Federal Office of Justice.
- Extract from the central trade register for natural persons. Only required if the reliability of the licensing authority is not known. Information from the Central Trade Register for natural persons for submission to an authority (document type 9).
The information must be requested from the municipality of residence for submission to an authority; it will be sent directly to the authority responsible for the event location. The information must not be older than 3 months. It can also be requested online from the Federal Office of Justice.
- Extract from the central trade register for legal entities
Only required if the reliability of the licensing authority is not known.
Information from the Central Trade Register for legal entities for submission to an authority (document type 9)
The information must be requested from the authority responsible for the event location. It can also be applied for online at the Federal Office of Justice.
- Name of the temporary event/temporary occasion with details of the area used (site plan, floor plan of the bar area).
What are the fees?
The fees depend on the administrative effort and the respective administrative fee schedule of the state.
What deadlines do I have to pay attention to?
You must apply for a permit under catering law for an event in good time (approx. 2 weeks in advance).
The permit is only valid temporarily for the duration and location of the event.
Legal basis
§ Section 12 of the German Restaurant Act (GastG)
Applications / forms
- Appeal (appeal may be excluded depending on national law), administrative court action
Appeal
- Written form required: no
- Online procedure possible: yes
- Personal appearance required: no
What else should I know?
- If you operate a restaurant business without the required permit (authorization), you are committing an administrative offence. You are also committing an administrative offense if you go beyond what is permitted when operating the restaurant.
- As part of the permit, conditions may be imposed at any time which you must comply with.
- If a condition is not complied with, the permit can be revoked without further ado. If you do not comply with a condition, do not comply with it in full or do not comply with it on time, you are also committing an administrative offense.
Author
The text was automatically translated based on the German content.
Technically approved by
Ministry of Economic Affairs, Innovation, Digitalization and Energy NRW
Professionally released on
04.12.2020
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
