Opening a restaurant in Germany offers exciting opportunities, but it also comes with legal requirements that can be daunting, especially for international entrepreneurs. One of the most critical steps in establishing a catering business is obtaining a German liquor license, which allows the sale of alcoholic beverages in public establishments. Governed by the Catering Act (GastG), this process involves facing various legal, health, and administrative regulations.
Are you considering opening a restaurant in Germany and wondering whether you can fulfil the legal requirements? Are you having difficulties obtaining a liquor license in Germany? Whether your concerns relate to commercial law, building law or other aspects relevant to catering establishments, Schlun & Elseven Rechtsanwälte is on your side to ensure that your application process runs smoothly. As an interdisciplinary law firm, we ensure that you, as a business operator, are legally secure in all areas.
Legal Support obtaining a Liquor License in Germany
The operation of a restaurant in Germany generally requires a restaurant license (also known as a liquor license), which is a permit issued by the competent public order office to sell alcoholic beverages in a public place. This includes, for example, restaurants, cafés, bars and clubs. A distinction is made between a license for the permanent serving of alcoholic beverages and one-off serving at events, such as club festivals. As explained at the beginning, offences against the Catering Act can result in serious fines of up to €5,000. In this context, proof must be provided concerning specific knowledge on the part of the restaurateur himself about the permissibility of the business under building law and food law requirements.
Firstly, the restaurateur must provide proof of a restaurateur training course. This can be acquired through a training course of the same name to gain knowledge of German food law. Alternatively, vocational training in which this food law knowledge was taught is also sufficient.
For businesses that process food or place it on the market in Germany, the applicant must submit a certificate from the public health department confirming initial training under the Infection Protection Act. In addition to the owner or managing director, all other persons who have contact with food must also provide proof of certain food law knowledge and health instruction under the Infection Protection Act. These must be taken for the first time at the public health department or an appropriately authorised doctor, after which the restaurant operator must carry them out at regular intervals of two years with the employees concerned.
In addition, a hygiene management system must be set up per HACCP principles, through which risk analysis and the monitoring of danger points occur. Furthermore, all employees who come into contact with perishable foods such as meat and dairy products, fish and shellfish or eggs and who do not have the relevant training must undergo additional training.
Finally, the premises must be permitted for use as a restaurant under German building law. This can be assumed if a restaurant was taken over from its predecessor. If this is not the case or if structural changes were made before the establishment was opened, the relevant applications must be submitted to the responsible building supervisory authority, for which a waiting period of at least 3 months should be planned. The business registration must also be submitted to the relevant trade office before the start of operations. A similar period must be allowed for the application to be processed. Only then can the business be opened.
Documents Required when Applying for a Liquor License in Germany
The application for a liquor license in Germany can be submitted as soon as the building law and food law certificates and the certificate of innkeeper training. The documents that must be submitted in detail vary depending on the district administrative authority responsible.
As a rule, the following documents are required when applying for a liquor license in Germany:
- Personal details of the applicant: This includes an identity card or passport, a police clearance certificate, and a clearance certificate from the relevant tax office. Foreign nationals must also observe foreign regulations for taking up self-employment.
- Professional aptitude: An extract from the commercial register is also required for legal entities; in addition, the applicant must always provide the above health certificate under the Infection Protection Act.
- Property-related requirements: This includes the rental, lease or purchase agreement and proof that the business premises are suitable for the intended activity. Determining suitability comprises, for example, that sanitary facilities are available for guests and employees.
The authorities will examine the applicant’s professional and personal suitability before granting the license. In addition, the location must meet the required standards. The application costs depend on the size, business type, and location. They vary from several hundred to several thousand euros, with regional differences in the cost amount.
When is a Liquor License Required for a Commercial Establishment in Germany?
A liquor license in Germany is not necessary if:
- only non-alcoholic drinks or no drinks are offered,
- alcoholic beverages are not sold, but only free samples are provided,
- food and beverages are served exclusively to house guests in an accommodation establishment, such as hotels.
Bakeries or cafés can, therefore, do without a liquor license – as long as the drinks do not contain alcohol. However, the requirements are reduced for certain businesses. For example, mobile snack vans can serve alcoholic beverages under simplified conditions through a “travelling trade license”. However, they may not have a permanent establishment; the alcoholic beverages may only be wine or beer, which may only be offered in sealed containers and not consumed on-site.
Typical Grounds for Refusal of a Liquor License in Germany
If the competent authority refuses to grant a liquor license, this is usually due to deficiencies in one of the following areas:
- Lack of reliability of the restaurant operator: This is often evidenced by criminal offences, especially concerning the restaurant trade, or violations of food, health, or labour law regulations.
- Other reasons: The premises do not meet the requirements – for example, safety or health standards or the location of the business prohibits a catering license. This is the case, for instance, if harmful environmental effects or high noise emissions are to be expected due to the location.
A German liquor license that has already been granted can also be restricted by various requirements and conditions – for example, strict requirements regarding noise, fire protection, food hygiene, health regulations and accessibility.
Practice Group: German Corporate Law
Practice Group:
German Corporate Law
Contact Schlun & Elseven Rechtsanwälte
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
