Catering business Approval Early start of operations
- If you wish to operate a standing catering business, you must notify the competent authority at least 4 weeks before offering drinks or prepared food for the first time.
- This also applies if the catering industry is only to be operated for a short time.
- The same procedure applies to the operation of a branch, a dependent branch, the transfer of the establishment and the extension of the offer to alcoholic beverages or prepared food.
- Notwithstanding this, 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.
Process flow
- Submit together with the restaurant advertisement an explanation why it is not reasonable for you to wait 4 weeks before starting the restaurant business.
- The competent restaurant authority will inform you after assessing the situation whether an earlier start can be allowed.
Who should I contact?
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by municipalities and the state for service providers.
Competent authority
The commune in whose territorial jurisdiction the operation is to be started.
Requirements
- You must be able to demonstrate that compliance with the statutory period of 4 weeks cannot reasonably be expected of you.
Which documents are required?
- Identity card or comparable identity document
- If applicable, power of attorney
What are the fees?
There are fees according to 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 spent
Annex 1 to § 1 paragraph 1 of the General Rules of Fees (AllGO)
What deadlines do I have to pay attention to?
There is considerable interest in complying with 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 beverages 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
Processing duration
If sufficient justification is available, a timely processing takes place.
Applications / forms
- 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
Appeal
Administrative court proceedings
What else should I know?
There is a considerable public interest in complying with the 4-week period. The early knowledge of an intended catering industry is also important for other legal concerns such as food hygiene law, building law, etc. in addition to the restaurant administration. An earlier authorisation is therefore only possible in particularly justified exceptional cases. This may be, for example, the case where a takeover of a restaurant business becomes unexpectedly necessary as a result of serious illness or death of the previous operator.
Technically approved by
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation
