How to Obtain a Liquor License in Germany

A liquor license (Gaststättenkonzession) is required by businesses looking for permission to sell and serve alcoholic drinks within their premises. At Schlun & Elseven Rechtsanwälte, our lawyers are available to guide our clients through this process.

The license is granted related to the nature of the premises, e.g., is it a pub, restaurant, night club etc. Licenses must be applied for, and our lawyers can oversee this process for you. The authorities will examine the applicant and the intended premises during the license granting stage. Essentially, they want to ensure that the applicant is personally and professionally suitable and their location reaches the required standards.

Such examinations include:

• The personal records of the applicant: documents needed for this include an identity card or passport, a certificate of good conduct from the police and a certificate of no objection from the tax office responsible.
• Professional suitability: the applicant needs to show a certificate from the public health office confirming initial instruction per § 43 of the Infection Protection Act (IfSG) and proof of instruction from a chamber of industry and commerce per § 4 of the German Restaurant and Catering Act (Gaststättengesetz).
• Property-related requirements: this includes the rental, lease or purchase agreement and proof that the business premises are suitable for the intended activity. Determining such suitability comprises, for example, that sanitary facilities are available for guests and employees.

Should a location have been previously used for other purposes, it is best advised to consult with the building authority regarding the new purpose. Similarly, should changes be planned for the premises, always make sure to get the licenses, permits and permissions needed.

The requirements can vary depending on the situation, and at Schlun & Elseven Rechtsanwälte, our team will be there throughout.

At Schlun & Elseven Rechtsanwälte, our lawyers are ready to advise investors regarding opening bars in German. With Germany’s history of producing high-quality beer and other alcohol-based products, the popularity of bars, restaurants, nightclubs and other venues should not come as any surprise.

As well as liquor license applications, our full-service law firm advises on all aspects of opening a business in Germany. If a founder comes to Germany from outside of the European Union, they may require a visa for self-employment as provided under § 21 German Residence Act (AufenthG). Our law firm specialises in such applications and is widely renowned for guiding clients worldwide through this process. Furthermore, our corporate law team can advise you regarding company formation and registration, as well as German franchise law, should either be of benefit to your operation.

Under German law, bars need to obtain a liquor license (Gaststättenkonzession) for permission to sell and serve alcoholic drinks within their premises. At Schlun & Elseven Rechtsanwälte, our lawyers can oversee this application. When operating a bar, it should be noted that the Protection of Young Persons Act (“Jugendschutzgesetz”) prohibits the sale of alcoholic drinks to minors. Bars must be careful in this matter, as they can face significant fines for legal violations. Another aspect to be mindful of when opening a bar in Germany, is that local laws and ordinances have an essential role in determining closing hours.

For foreign investors and entrepreneurs having a legal partner and advisor in Germany can be of value to them. When establishing a bar, the legal aspects are one element for success, but another involves understanding the market. Our lawyers can advise you regarding where in Germany to establish your business and if there are any local preferences to be aware of relating to drinks from the region.

Food safety law is a legal area that bars and restaurants in Germany need to take incredibly seriously. With laws on a European Union, national and local level, gastronomies should consult with legal advice when in doubt. Of particular relevance to the catering industry is the Food Hygiene Regulation (EC) No. 852/2004, which is supplemented by the German “Regulation on Hygiene Requirements for the Production, Handling and Marketing of Food (Food Hygiene Regulation – LMHV)” of 8 August 2007. Food safety and health need to reach the required standards, as not doing so place the restaurant/gastronomy in danger of being closed down and developing a reputation for poor produce.

In practice, restaurant owners need to be careful not to come into conflict with the Infection Protection Act. Restaurant staff need to receive instructions relating to activities concerning the following food products, among others:

• Meat, poultry meat and similar products,
• Milk and milk-based products,
• Fish, crustaceans or molluscs and similar products,
• Egg products,
• Ice cream and semi-ice cream products.

Our legal team advises on other food safety-related matters, such as distribution agreements, examination of advertising measures under competition law, particularly concerning misleading advertising, and other competition law services.