Gaststättenerlaubnis in Germany: who needs it and what applies in each state

Who needs a Gaststättenerlaubnis?

Under § 1 GastG, you run a hospitality business if, in a fixed-location trade, you offer drinks or prepared food for consumption on the premises and the business is open to the public or to certain groups of people. For this, § 2 (1) GastG generally requires a licence. The real threshold, however, lies in the exceptions in § 2 (2) GastG: among others, no licence is needed by anyone who

• only serves non-alcoholic drinks,
• hands out free samples,
• only sells prepared food,
• serves drinks and food to resident guests as part of an accommodation business.

In practice, this means that a café without alcohol, an Imbiss (snack bar) with soft drinks or a hotel breakfast for overnight guests needs no licence in states with federal law. As soon as a glass of wine, a beer or an aperitif is on the menu, it does. The trade registration (Gewerbeanzeige) under § 14 GewO remains mandatory in every case. How this fits into the overall plan is shown in our guide Opening a restaurant in Germany. A special rule applies to winegrowers who only serve their own wine: for a Straußwirtschaft or Besenwirtschaft, a notification is enough instead of a licence.

Licence or notice: the rules of the federal states

Since the federalism reform of 2006, the states have been allowed to regulate hospitality law themselves. Nine states have passed their own laws, most recently Baden-Württemberg with its new state hospitality law (Landesgaststättengesetz), in force since 1 January 2026. In the other seven, the federal Gaststättengesetz continues to apply, with implementing regulations from each state.

Requirements: reliability, IHK briefing and premises

Where the federal law applies, the authority must refuse the licence under § 4 (1) GastG if any of these grounds exists:

• Unreliability (no. 1): for example alcohol abuse, or the risk that inexperienced people are exploited or that criminal offences are encouraged.
• Unsuitable premises (no. 2): location, condition, equipment or layout are inadequate, for instance in protecting guests and staff.
• Lack of accessibility (no. 2a): for certain newly built or converted premises, where this is possible and reasonable.
• Public interest (no. 3): for example harmful environmental effects on the neighbourhood.
• Missing Unterrichtungsnachweis (no. 4): you must prove with an IHK certificate that you have been briefed on the basics of food law.

The Gaststättenunterrichtung is a short course run by the Chambers of Industry and Commerce (IHK) on the basics of food law. The certificate is valid nationwide and indefinitely; certain hospitality qualifications exempt you from it. In Berlin, for example, the briefing at the IHK costs 100 euros. According to the DIHK, it is no longer required in the states with their own notification procedure, except Baden-Württemberg, but many people attend voluntarily because it gives a compact overview of hygiene, allergens and youth protection.

Documents for the application or notice

Your authority decides the exact list. Typically, it asks for:

Fees and processing time

Fees are set by the states and municipalities and usually depend on the size and type of the business. In Berlin, according to the state portal, the fee for a permanent Gaststättenerlaubnis is between 100 and 1,500 euros, and processing takes around three to five weeks. Notification procedures are usually much cheaper. On top of that come fees for the certificate of good conduct, the register extract, the briefing and, if applicable, the building permit.

Deputies and taking over a venue

If you have a licensed business run by another person, for example a branch or a second location, you need a Stellvertretungserlaubnis (deputy licence) under § 9 GastG. It is granted to the owner for a specific deputy, can be limited in time, and the authority must be informed without delay when the deputy leaves. The deputy must meet the same personal requirements as you.

If you take over an existing venue, the authority can provisionally allow you to run it under § 11 GastG, subject to revocation, until it decides on your application, usually for a maximum of three months. This way you avoid closing between the change of tenant and the new licence. In notice states, you report the takeover just like a new opening.

Temporary permits for festivals and events

For street festivals, Christmas markets or a summer party in the courtyard, there is the Gestattung under § 12 GastG: on a special occasion, a business that would require a licence can be temporarily permitted under simplified conditions, revocable at any time and subject to conditions. Apply in good time; many public order offices want two to four weeks' notice.

• Baden-Württemberg: the Gestattung was dropped with the new LGastG; you report temporary businesses at least two weeks in advance.
• Brandenburg, Saxony, Saxony-Anhalt: temporary venues are reported with a shorter deadline, usually at least two weeks before they start.
• Bremen: for time-limited events, there is a temporary licence subject to revocation.

If you regularly plan events with drinks, for example as a bar with outdoor events or as an Imbiss or food truck, announce the dates on your own website and in your Google profile as well. With the opening hours generator, you can create a matching Google post.