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Catering trade - Apply for provisional permission

You would like to take over an existing restaurant business, but cannot yet submit all the documents required for the restaurant permit? Then the licensing authority can grant you a three-month provisional permit.

Prerequisite

The prerequisites for provisional permission are:

  • You take over the pub spatially and operationally unchanged from the predecessor.
  • The restaurant has not been closed for more than one year.

Responsible department

the catering authority

The catering authority is the municipal or city administration or the district office, depending on the place where the catering establishment is operated.

Standard port

Enter the location of your business premises in the location selection.

Procedure

You must apply for the temporary restaurant permit in writing or in electronic form to the competent authority. Your application must be signed by hand or provided with a qualified electronic signature.

You can also replace the written form by

  • submitting the declaration in an electronic form provided by the competent body in an input device on site or via the internet. If you submit your declaration via the internet, you must prove your identity by using the electronic ID function of your identity card or your electronic residence permit.
  • send a sender-confirmed De-Mail to the competent authority. Sender-confirmed means that your De-Mail provider confirms in the De-Mail with a qualified electronic signature that
    • he/she has received this exact message content from you and
    • You have signed up to send this De-Mail using the electronic ID function of your identity card or by another secure means instead of your user namen and password in your De-Mail account.

You must provide the required information and submit those documents that are relevant for the assessment of your application.

Deadlines

none

Required documents

  • Completed application form
  • Copy of identity card or comparable identification document
  • For proof of entrepreneurial legal form:
    • if the company has its registered office in Germany:
    • if the company is domiciled abroad: documents from the country of domicile proving the legal form.
  • For the proof of personal reliability:
  • Proof of instruction from the Chamber of Industry and Commerce(IHK) responsible for you (certificate from the IHK confirming participation in instruction on food and hygiene regulations) or certificate from the IHK confirming that you have passed a final examination in a state-recognised training occupation which renders the instruction unnecessary
  • Building plans, ground plans, site plans
  • If a deputy is to run the pub, additionally:
    • Application for a deputy's permit
    • personal documents of the deputy

The competent authority may request further documents to verify personal reliability.

In the case of legal entities (limited liability companies, companies limited by shares, registered cooperatives), you only need to complete the application form for the legal entity itself. You must submit all personal documents for all natural persons authorised to manage the company (e.g. personal papers). For the legal entity, you also need an extract from the Central Business Register.

Partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not eligible for a licence as such. Therefore, each managing partner requires a permit. For each of these persons you must submit a completed application form and all personal documents.

Costs

The amount of the fees is determined by the relevant fee statutes of the municipality or city or the fee ordinance of the district administration.

Processing time

The authority must decide on your application within a period of three months. The period begins with the receipt of the complete documents. After expiry of this period, the permit applied for is deemed to have been granted if your application is sufficiently specific.

Note: The authority may extend the deadline once if this is justified by the difficulty of the matter. The authority must give reasons for such an extension of time and notify you in good time.

Release note

The German original version of this text was drafted in close cooperation with the relevant departments. The Wirtschaftsministerium and the Innenministerium released it on 07.12.2022. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.

In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.