Stellvertretungserlaubnis im Gaststättengewerbe beantragen

Would you like to operate your licensed restaurant business through a deputy? You will need a deputy permit for this. You can find out more here.

If you wish to operate your licensed restaurant business through a deputy, you will need a deputy permit in addition to the permit for the restaurant business. You submit the application as the holder of the restaurant license. The deputy permit is issued for a specific deputy and can be limited in time.

If you want to operate your restaurant business through several deputies, you need a separate deputy permit for each person who is to operate the business as a deputy. The proxy permit can be issued to both natural and legal persons. A proxy permit is only required for legal entities and associations without legal capacity if the person who is to operate the catering business is not authorized to represent or manage the business by law, articles of association or partnership agreement. Bodies of legal entities or associations without legal capacity do not require a proxy permit.

The representative manages the business in your name and for your account. They act in your place as the holder of the restaurant license and are liable for any violations of the Restaurant Act.

The deputy must have the necessary reliability and must also take part in a training course at a chamber of industry and commerce on the main features of the most important provisions of food law and have this training certified.

The deputy permit expires as soon as the associated restaurant permit expires or if the deputy does not start working within one year of the permit being issued or has not worked as a deputy for one year.

As future deputy:

The following documents can be requested

• Certificate in tax matters from the responsible tax office,
• tax clearance certificate from the municipality of residence,
• Extract from the debtor register,
• Certificate from the insolvency court,
• Certificate of good conduct (document type "0"),
• Information from the central trade register (document type 9),
• Certificate from the Chamber of Industry and Commerce confirming instruction in accordance with Section 4 (1) No. 4 of the German Restaurant Act or an exemption in accordance with No. 3.4 of the General Administrative Regulation on Proof of Instruction in the Restaurant Industry (GastUVwV) in conjunction with its Annex 3.
• When serving prepared food: Proof from the public health department of participation in an instruction session in accordance with the Infection Protection Act or a valid health certificate.
• In the case of a GbR, the GbR contract must be submitted.
• In the case of legal entities or associations, information must be provided for all authorized representatives,
• In addition, an excerpt from the commercial, cooperative or association register must be submitted if applicable.

The deputy must have the necessary reliability and must also take part in a training course at a chamber of industry and commerce on the main features of the most important provisions of food law and have this training certified.

The fees depend on the administrative effort and the respective administrative fee schedule of the state.

If the business is no longer operated by the representative, you must notify the licensing authority immediately.

You are committing an offense if you operate a restaurant business through a representative without the required permit. In this case, the deputy is also acting in violation of the regulations.

An appeal against a negative or restrictive decision may be lodged with the competent authority within one month of notification in writing or orally for the record.

• Issuance of a deputy permit in accordance with the Restaurant Act
• Application for a permit under restaurant law for a deputy in accordance with § 9 GastG
• Deputy permit is issued for a specific person
• Proxy permits can be issued to natural and legal persons
• Management of the business in the name and for the account of the holder of the restaurant permit by a deputy
• Deputy must provide proof of the required reliability and proof of training from the IHK
• Permit only issued if a restaurant license has already been issued or is issued at the same time
• Responsible: Responsibility depends on the respective state law

Contact the responsible catering authority.