Nightclub operator

Last update

In order to operate a nightclub, the business manager must have a business permit.

Who is concerned

A nightclub is a drinking establishment whose main activity consists in operating a dance floor during night-time hours.

Please note: the activities of traders in the HoReCa sector do not include catering services (traiteur), which are subject to a business permit for a main craft activity (A list).

Traders from the HoReCa sector who are legally established abroad (on the territory of the Swiss Confederation or in a country of the European Economic Area) may provide temporary and occasional services in Luxembourg.

Prerequisites

Compliance with the conditions for access to the profession is verified by the General Directorate for Small and Medium-Sized Enterprises at the time the application for a business permit is submitted.

Individuals who wish to operate a night club in their own name, in the context of a sole proprietorship, must meet the legal conditions of professional integrity.

Companies carrying out the activity must appoint at least one natural person, the managing director, who must:

  • meet the legal requirements in terms professional integrity;
  • effectively manage the day-to-day business on a permanent basis;
  • have a genuine link with the company (be the owner or authorised representative registered in the Trade and Companies Register); and
  • have paid all social security contributions and taxes, either in their own name or through the company they manage or have managed.

Business permit

The business permit is issued to the company (either to the manager practising in their own name, or to the company they run) if the manager meets the legal conditions of professional integrity.

The information page 'Applying for a business permit' contains all the information relating to this procedure.

Place of business

The company or sole proprietorship must have a fixed place of business in Luxembourg (no 'letter-box' companies).

Necessary qualifications

Applicants must prove that they have the qualifications required to access a profession in the HoReCa sector by submitting:

Please note: applicants with one year's professional experience, documented by a certificate of affiliation from the Joint Social Security Centre or an EC certificate from their country of origin, may be exempted from the training course.

How to proceed

Registrations/affiliations depending on the legal form of the company

After obtaining a business permit, the manager of a sole proprietorship must:

After obtaining a business permit, the manager of a:

  • partnership (SCS, SENC);
  • capital company (SA, SARL, SCA, SE)
  • simplified limited liability company (SARL-S);

must:

Please note: the manager of a simplified limited liability company must also file the draft articles of association of the company with the Trade and Companies Register. There is, however, no need to incorporate the company in the presence of a notary. A private deed will suffice.

Obligations of all professionals

As long as they are in operation, professionals must comply with:

  • all requirements with respect to obtaining a business permit; and
  • all laws and regulations with respect to business management.

Sanctions

Professionals without a business permit run the risk of criminal sanctions (imprisonment and fines) and the temporary closure of the establishment.

Sale of alcohol to be consumed on the premises

If the applicant intends to sell alcoholic beverages they will need:

As the number of licences to sell and serve alcohol in Luxembourg is limited, certain intermediaries (namely breweries) offer to make their licence available against a combined lease and alcohol supply contract.

Applicants who sell beverages to be consumed on the premises are required to comply with the obligations concerning the management of a drinking establishment.

Online services and forms

Who to contact

General Directorate for Small and Medium-Sized Enterprises (Department for Authorisations of Establishment)

House of Entrepreneurship

Horesca

Related procedures and links

Procedures

Application for, or modification of, a business permit Professional integrity Business operations and services: House of Entrepreneurship Commercial activities and services Establishments selling alcoholic beverages - Alcohol licence Managing a drinking establishment (cafe, tearoom or other) Occasional and temporary provision and notification of services in Luxembourg Extract from the criminal record of a natural person

Links

Legal references

  • Loi modifiée du 2 septembre 2011

    réglementant l'accès aux professions d'artisan, de commerçant, d'industriel ainsi qu'à certaines professions libérales

  • Loi du 2 juillet 1980

    portant modification des articles 3, 4 et 5 du règlement grand-ducal du 12 avril 1963 fixant les conditions de qualification professionnelle visées à l'article 7 de la loi du 2 juin 1962 déterminant les conditions d'accès et d'exercice de certaines professions ainsi que celles de la constitution et de la gestion d'entreprises

  • Règlement grand-ducal du 5 avril 1989

    déterminant le champ d'activité des exploitants d'établissements d'hébergement, de débits de boissons et de restaurants

Your opinion matters to us

Tell us what you think of this page. You can leave us your feedback on how to improve this page. You will not receive a reply to your feedback. Please use the contact form for any specific questions you might have.

Fields marked with an asterisk (*) are mandatory.

Did you find what you were looking for?*
How would you rate this page?*
Very poor
Very good

Leave a comment to help us improve this page. Do not provide any personal information such as your email address, name, telephone number, etc.

0/1000

Please rate this page

Your opinion has been submitted successfully!

Thank you for your contribution. If you need help or have any questions, please use the contact form.

Would you like to help us make digital public services more user-friendly by submitting your suggestions for improvement?

Then visit Zesumme Vereinfachen, the online participation platform dedicated to administrative simplification in Luxembourg.

Let's simplify things together

An error occurred

Oops, an error has been detected during your form processing.