Gaststättengewerbe Gestattung

§ Section 12 of the German Restaurant Act (GastG)

Would you like to offer catering with alcohol on tap as part of a temporary event (e.g. funfair, town festival, shooting festival) or for another temporary occasion (e.g. canteens)? Then you need a temporary permit (authorization).

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 need 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.

• 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 restaurant training 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 requested online from 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).

In order to be granted a permit, you must

• be personally reliable,
• Information from the Federal Central Criminal Register (certificate of good conduct for authorities)
• Information from the central trade register
• Prove your professional suitability
• Instruction in accordance with § 4 Para. 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.

The fees depend on the administrative effort and the respective administrative fee schedule of the state.

The application for permission 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.

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.

• 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 will also be committing an administrative offense.

• Appeal (appeal may be excluded depending on state law), administrative court action

• Catering trade, applying for a permit for a special occasion
• For a special occasion (event), temporary permission may be granted for a catering business serving alcohol; requirements:
  • The event can be attended by anyone or a specific group of people
  • Alcoholic beverages are offered commercially at the event for consumption on the premises,
  • There are no grounds for refusal according to § 4 GastG (personal unreliability, room-related safety concerns, lack of IHK information). Particularly with regard to the space-related requirements, a less strict standard can be applied in view of the temporary nature of the event-related catering activity than in the case of a permanent permit. Concerns can also be overcome by imposing conditions; permission is only valid temporarily for the duration and location of the event; in the case of regular participation in certain recurring events, a permanent permit can alternatively be applied for once for the events in question if there are no significant changes to the premises and the type of operation.
• Responsible: Responsibility depends on the respective state law

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.

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