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  • Category: Indian Law

    What permissions are required to start open garden restaurant business


    Planning to start a new venture of an open garden restaurant? Know through expert answers at this page what licences and other documentary permissions would be required to start such a business.

    I am from Gwalior (MP). i want to start an 'Open Garden Restaurant' business. I would like to know what permissions are required to start this type of business. Specifically, what kind of license and/or NOCs are mandatory for this type of restaurant in the open?
  • Answers

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  • In India to open a restaurant, we have to obtain about 9 permissions.
    1. Shop and Establishment License: For any type of restaurant this is required. You have to register your hotel/ Restaurant under this act. This you have to get it done through the municipal authorities of your city. You should get this licence within one month from the starting of your business.
    2. Fire Safety License: A No-Objection-Certificate (NOC) from the fire department of Fires is required to be obtained to start a restaurant. You have to apply online and the Chief Fire Officer of your city will come and inspect the place and then arrange for the NOC.
    3. The Food License: This is very important for a restaurant and you have to give top importance to this licence. Food Safety and Standard Authority of India (FSSAI ) will issue this license. It is approval by FSSAI and it will be the inspecting authority to see that the food of your restaurant will adhere to the food safety standards of India.
    4. Health/Trade License: This is the licence to be obtained from the health department of your state government's health department. You have to apply online to the municipality of your area.
    5. Eating House License: The Police Commissioner of that city where you want to open the outlet. You can apply for this also online.
    6. Music License: If you want to play the music you have to obtain this permission also from Phonographic Performance Limited.
    7. Certificate of Environmental Clearance: To start a restaurant you have to obtain a clearance certificate from your state's pollution control boards which confirms that your business is adversely affecting the environment.
    8. Signage License: To give advertisement to your restaurant to get good business you have to obtain this license from the municipal authorities of your place. This is required to give advertisement to your hotel.
    9. Lift License: As yours is a roof garden restaurant and if you are providing a lift for the customers to reach this place you have to provide a lift and for this, you have to obtain permission from the electricity department and also from the Labour commissioner of your area.
    In addition to the above 9, you have to obtain a liquor licence also if you are thinking of having a bar also. You have to obtain this from your State government's Local Excise Commissioner and you can apply on the website of your State government.


    drrao
    always confident

  • If you are interested in launching an open garden restaurant then there are certain permits and licenses to obtain in this respect to avoid any enquiry or legal proceedings against the illegal running of the outlet. A restaurant can comprise of many things some of which are located in the outside open space and some like liquor bar, dance hall etc would be inside and accordingly you have to take permission and license for these activities. Some of the licenses and permits which one has to obtain in this restaurant business are as follows -

    1. Food Safety And Standards Authority (FSSAI) License - One has to apply to FSSAI authority for this license. One has to submit certain documents at the time of applying. These are Restaurant owner's Identity Proof and Address Proof, email Id, Phone Number, Declaration of Food Safety Management Plan, Kitchen Layout Plan showing safety exits, List of Food to be sold, Water Testing Report from ISI approved Facility, No Objection Certificate (NOC) from the owner or the partner as the case may be, and Medical Certificates of Employees. This has to be done in standard formats and affidavit to that extent also to be submitted. Application can be made online but the physical copies of the application and documents is to be deposited in the regional office / delegated authority within 15 days of applying online. Necessary fee is also to be paid. A unique 14 digit registration number is allotted by FSSAI.

    2. Liquor License - If you are planning to serve liquor in the restaurant then this one is must and you have to apply in the office of the Local Excise Commissioner. There you have to present the documents / certificates related to the completion of the restaurant or the hotel building, proof of being Income Tax and Sales Tax assess, document confirming whether hotel/restaurant is a company or partnership firm etc along with the information whether the plot where these activities are being held is owned by the hotel, eating house license, layout plan including liquor storage area, NOC from fire department etc. Once application is made, Excise Officers would visit the premises and check everything before issuing license. Fee for this license is on higher side and is levied on each and every type of liquor separately.

    3. Health/Trade License - This is issued from the local Civil authorities and one has to apply for it by giving detailed documents like site plan / layout, ownership proof or rent agreement, indemnity bond, proof of power / sewage / water facilities, medical certificates of employees etc. Can be applied online and liens is generally given in a months time.

    4. Eating House License - This is to be applied in the office of Police Commissioner. Documents like owner's residential proof, ownership or rent agreement, site plan and photographs, undertaking to install CCTV, fire NOC if capacity for customer is more than 50 etc are to be submitted online. Police department would call for interview and verify the documents. Fee is to be paid and license is issued for 3 years.

    5. Registration under Shop And Establishment Act - One has to register one's business within 30 days of commencement by giving documents like Pan Card, Identity Proof, Address proof of the owner/proprietor, partner or the company, details of the employees name/address/work etc. This is to be applied in the office of the local Chief Inspector of the shop or designated authority. He would verify and issue the license and this license is to be displayed in the eating place.

    6. GST Registration - This is an important registration and can be done online by submitting proof of ownership or lease agreement, PAN card of owner, Aadhaar card of owner/partners, passport size photo of owner/partner, email and mobile number, list of items to be sold, digital signature of authorised person etc. Once the GST number is issued online one can start doing transactions against it.

    6. NOC from Fire Department - One has to apply it to the local fire department by submitting basic documents related to its ownership and address and site plan including exit positions. They would inspect and issue the same. There is no fee for that.

    7. Lift Clearance - If your place is on an open roof garden in an elevated building then this would be required. Anyway this would already be there with the owner of the main building campus.

    8. Music License - If you are including it in your premises then this would also be required from the local civil authorities by submitting application along with proof of ownership and site plan.

    9. Certificate of Environmental Clearance - One has to apply for this by giving all the documents like site plan, ownership proof, locality where this is situated, waste management procedures etc. Local civil authorities would visit before issuing this registration. This is an important one as it involves health of all who are visiting or working in the place.

    11. Signage License - This is related to one's advertising endeavours for one's place in the town and one must take a license to do so to publicly display one's restaurant through posters etc. This has to be applied in the local civil authority office and after verifying the documents regarding the ownership, type of business etc they would issue this.

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