For Citizens - Service Finder
Restaurant establishment Approval early start of operation
- If you want to operate a standing catering business, you must notify the competent authority at least 4 weeks before the first offer of drinks or prepared food.
- This also applies if the catering industry is only to be operated for a short time.
- The same procedure shall apply to the operation of a branch, a dependent branch, to the transfer of the permanent establishment and to the extension of the offer to alcoholic beverages or prepared food.
- By way of derogation, the competent authority may allow an earlier start of the catering industry if compliance with the 4-week period is not reasonable for you as the operator.
- Submit an explanation together with the restaurant advertisement why it is not reasonable for you to wait 4 weeks with the start of the restaurant operation
- After assessing the situation, the competent restaurant authority will inform you whether an earlier start can be permitted.
This procedure can also be handled through a "point of single contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.
The municipality in whose territorial area of responsibility the operation is to be started.
- You must be able to demonstrate that compliance with the statutory period of 4 weeks is not reasonable for you.
- Identity card or a comparable identity document
- If applicable, power of attorney
Fees apply in accordance with tariff number 40.6.2 of the annex to §1 paragraph 1 General Fee Schedule of the State of Lower Saxony (AllGO).
Fee: 1,00 - 112,00 EURPayment in advance: Nois calculated according to time expenditure
There is considerable interest in observing the notification period of 4 weeks before the start of operations. However, if compliance with this deadline is not reasonable for you, you are requested to notify the first serving of drinks or the delivery of prepared food for consumption on the spot as soon as possible.
Notification Period: 4 Weeksbefore offering drinks or prepared food for the first time
If there is a sufficient justification, a timely processing will take place.
- The request to allow the earlier start of the catering industry can be applied for informally at the competent authority.
- Online procedure: possible
- Written form: not required
- personal appearance: not required
Administrative court proceedings
There is considerable public interest in complying with the 4-week deadline. The early knowledge of an intended catering business is also important for other legal concerns such as food hygiene law, construction law, etc. in addition to the restaurant administration. Earlier authorisation is therefore only possible in particularly justified exceptional cases. This may be, for.B example, the case that a takeover of a catering business becomes unexpectedly necessary as a result of serious illness or death of the previous operator.
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation
Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)