Restaurant license and beverage outlet
Verified 01 January 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of the Interior
A beverage outlet is an establishment that sells alcoholic drinks. It can be a coffee, a pub, a bar, a restaurant or a disco. Drinks can be consumed on-site or take away (food truck, grocery store, etc.). In all cases, a license is required.
Any person intending to open an establishment that sells alcoholic beverages, whether as a principal or accessory, must have a license.
This may be a sales establishment:
- on-site (cafe, bar, pub, disco, restaurant, hotel-restaurant, bar-restaurant, bed and breakfast)
- or take away (supermarket, grocery store, wine shop, distance or internet sales).
Please note
Beverage outlets temporary (on a fair, a local party, etc.) are not required to have a license. A permit from the mayor's office is enough.
Beverage licenses
There are 3 different types of beverages corresponding to 3 licenses:
- Drinks non-alcoholic : over-the-counter. There's no no need for license (formerly License I or Small License).
- Beverages with alcohol content less than or equal to 18° : wine, beer, cider, perry, port, blackcurrant cream, etc. : License III (license 3)
- Beverages with alcohol content greater than 18° : distilled alcohols such as liqueur, rum, calvados, cognac, armagnac, gin, pastis, vodka, whisky, etc. : License IV (license 4)
Type of beverage | Beverage delivery for consumption on site | Beverage delivery take away | Restaurant |
|---|---|---|---|
Group 1: beverages non-alcoholic | Over-the-counter | Over-the-counter | Over-the-counter |
Group 3: non-distilled fermented beverages (wine, beer, cider, perry, mead) and natural sweet wines, blackcurrant cream, fruit or vegetable juices containing up to 3° of alcohol, liqueur wine, wine-based aperitif, port wine, strawberry liqueurs, raspberries, blackcurrants or cherries with a rate less than or equal to 18° of alcohol | License III, known as restricted license | Small take-away license | Small restaurant license |
Groups 4 and 5: rums, tafias, distilled alcohols and all other alcoholic beverages with a more than 18° of alcohol (gin, vodka, whisky, etc.) | License IV, known as large license or full-service license | Take-away license | Restaurant license |
Please note
As category 2 of beverages no longer exists, the old licenses II which are in force become licenses III.
The merchants traveling (food truck, food trucks, pizza trucks, etc.) can only sell drinks with a rate less than or equal to 18° of alcohol (wine, beer, cider, port, perry, etc. and soft drinks). They are prohibited from selling strong alcohols (whisky, vodka, rum, pastis, etc.). Only the small take-away license concerns them.
Restaurant licenses
On the spot
When alcoholic beverages accompany meals, the restaurant owner must be in possession of a restaurant license (for all alcohols) or small restaurant license (for wines, cider and beer only).
If the sale of alcohol also takes place outside meals (bar-restaurant), he must hold a III or IV license. The restaurant license or the small restaurant license are then not necessary.
FYI
The cottages and bed and breakfasts that wish to offer a restaurant in the evening with alcohol must have one of these 2 licenses: restaurant license or small restaurant license. This does not apply to those who only serve breakfast.
Take-away
The establishment has a restaurant license or a license III or IV, may sell to take away the beverages authorized by its license.
If the establishment sells only take-out beverages (groceries, online sales), it must own:
- or of the small take-away license, cider, wine and beer,
- or of the take-away license, for alcohols of more than 18°.
Street food vendors such as food trucks shall not be entitled to sell alcohol of more than 18°.
Warning
For the take-away sale of alcohol between 10 p.m. and 8 a.m., you must hold an operating license.
On the purchase order or invoice for a distance sale of alcohol, the seller must write the mention "product subject to excise duty" (in addition to the description of the products, its contact details and those of the buyer).
Nationality
There is no nationality requirement to obtain a liquor outlet (restaurant or bar) license.
However, the foreigners entrepreneur in France must respect certain rules.
Age and court records
To obtain a Beverage Debit License, the following 3 conditions must be met:
- Be of age or emancipated minor
- Not be guardianship
- Not having been sentenced to certain penalties: ordinary crimes and procuring definitely prohibit possession of a license. In contrast, for offenses such as theft, fraud, breach of trust, the license ban is removed after 5 years after the sentence (no repeat offense).
Quota per municipality for the allocation of a license III
A municipality issues a limited number of licenses.
It is forbidden to issue a license III (license 3 also called restricted license) in a municipality where the total of establishments with a license III and those with a IV license exceeds the proportion of a flow rate per 450 inhabitants.
This prohibition shall not apply in the case of an opening of an establishment by transfer.
For obtain a license for drinks or restaurants, you should:
- Hold a operating permitissued after specific training
- Perform a prior declaration opening (or change or translation)
- Receive on declaration receipt proving the possession of a license
Operating Permit
The operating license is a certificate that proves that the future operator has followed a compulsory specific training.
It shall be issued by therecognized organization who conducts this training.
This training is essential to establish the right to operate an alcoholic beverage outlet.
The training covers the prevention and control of alcoholism, the protection of minors, the repression of public drunkenness and the fight against noise. It also trains the future operator in drug law and the principles of civil and criminal liability.
The list of bodies approved differs depending on whether the sale is made on-site or take away at night.
This training lasts approximately 20 hours (2.5 days).
It must be done in person.
The operating license is valid for 10 years. It is then renewable by performing a new 6-hour training.
The permit shall consist of a form completed by the training organization and issued to the future operator, provided that he has completed the training.
License to operate a beverage outlet or restaurant
Please note
For bed and breakfast rentals, a lean training of 7 hours only is mandatory.
Prior declaration in town hall and receipt (proof of license)
For receive license, you need to make a opening statement (or change or translation) the restaurant or the drinks' bar.
You fill in the form below. You send it to the town hall or prefecture with the necessary documents (proof of identity and valid operating license).
This administrative declaration must be made at least 15 days before opening, changing or translating the flow rate.
Please note
In the case of a change as a result of death, the reporting period shall be 1 month after the change of operator.
FYI
After completing and submitting this report, the operator shall receive a receipt which constitutes the proof that he owns a license.
This receipt does not give the right to operate a beverage outlet (this is the role of the operating license). Nor does it prove the validity of the title of owner or manager (these are the identifiers and documents proving thecompany registration to RNE: titleContent).
Depending on the location of the establishment, you must to forward the documents the following administrative authorities:
General case
In Paris
In Alsace-Moselle
Validity of license
The license, unlike the operating license, has a term of indefinite validity.
However, in case ofoperational stoppage of the establishment, the license is canceled after 5 years.
This period of five years shall be valid if the shutdown is the result of a decision by the operator.
In the event of closure for liquidation, the license shall be automatically canceled at the end of the proceedings.
Registration with the RNE
In order to give legal existence to the establishment, the operator must declare its opening and register it at the national company register (RNE) via the companies Formalities Window.
Warning
Since 1er january 2023, it is no longer possible to carry out your procedures in a company Formalities Center (CFE). You must make them on the website of the company formalities office.
You must create personal account. Then you need to click on the column “ Company ” and then click on “File a company”. One interactive online form 8 pages is offered; you must fill it out step by step. A user manual is available on this Single Window website.
The transfer of the license corresponds to the relocation of the establishment to another premises outside the commune where it is located. He can move within a department, to a neighboring department or elsewhere under certain conditions.
In the same department
A beverage outlet may move within the department where it is located.
In the event of a move out of the municipality where it was established, the operator must ask the prefect of the department where he wishes to set up shop for authorization for the transfer.
The prefect must consult the mayor of the municipality of origin and the mayor of the municipality where the beverage outlet will be settled. The final decision rests with the prefect.
The mayor is the final decision-maker in only one case: when transferring license IV to a commune where there is only one establishment of this category.
In another department
A beverage outlet may be transferred to a neighboring department under the same authorization conditions as a transfer to the same department.
A period of 8 years is imposed between 2 transfers to neighboring departments.
Transfers are exceptionally allowed beyond the department for certain tourist establishments such as classified hotels or campgrounds.
Authorization or refusal of transfer
In the event of a refusal, this decision shall take the form of an order which shall state the reasons for the refusal, the time limits and the means of appeal.
If no response is received within 2 months, the transfer is considered accepted.
A beverage outlet that has ceased to exist for more than 5 years shall be considered to be deleted. He can no longer be transferred from place to place.
However, this period shall be suspended in the event of winding up by a court or of temporary closure ordered by the judicial or administrative authority.
When a court decision has ordered the definitive closure of a beverage outlet, the establishment's license is canceled.
Opening, changing and transferring a beverage outlet
Classification of beverages by category (1, 3, 4 and 5)
Manufacture and trade in beverages
Conditions for the local implantation of a beverage outlet
Penalties for non-compliance with formalities
Expiry of licenses
FAQ
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