Gaststättengewerbe: Gestattung aus besonderem Anlass beantragen

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 wish to operate a catering establishment serving 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 require a temporary permit under catering law (permit). This only applies if the event in question can be attended by anyone or by a specific group of people.

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).

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 requirements than the granting of a permanent restaurant license.

• Copy of identity card or passport with registration certificate, or presentation on site. Residence permit if the applicant is a foreigner and not a national of an EU or EEA country.
• 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 instruction according to § 4 GastG
• Proof of catering training, if applicable
• Application for a certificate of good conduct for submission to an authority in accordance with Section 30 (5) of the Federal Central Register Act. A certificate of good conduct is only required if the reliability of the licensing authority is not known.
• Application for an extract from the Central Trade Register for submission to an authority in accordance with Section 150 (5) of the Trade, Commerce and Industry Regulation Act. An extract from the Central Trade Register is only required if the reliability of the licensing authority is not known.
• Specification of the temporary event/temporary occasion with details of the area used (site plan, floor plan of the bar area).

In order for the permit to be issued to you, you must

• prove your personal reliability,
  • Information from the Federal Central Register and, if applicable
  • 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 conjunction with its Annex 3
    
• Proof of compliance with the spatial requirements for the protection of the life and health of visitors and employees. Permission may be subject to conditions to ensure that this requirement is met.

The application with the required documents must be submitted to the trade authorities of the independent towns, the large towns belonging to the district, the local authorities or the independent municipalities.

In most cases, a reasonable processing time should be possible.

The permit is only valid temporarily for the duration and location of the event.

• The listed requirements apply in accordance with the German Federal Hospitality Act (GastG). This applies insofar as it has not been replaced by the laws of the respective state.
• Within the scope of the permit, conditions may be imposed at any time which you must implement.

• Opposition
• Administrative court action

• Catering trade permit
• For a special occasion (event), temporary permission may be granted for a catering business serving alcohol
• Prerequisites:
  • The event can be attended by anyone or a specific group of people.
  • Alcoholic beverages are commercially offered for consumption on the premises at the event,
  • There are no grounds for refusal in accordance with § 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.

Trade authorities of the independent cities, the large cities belonging to the district as well as the offices and independent municipalities