Last update 28.09.2021
In order to operate a cafe/tearoom, restaurant or accommodation establishment, the manager must hold a business permit.
The business permit is granted to the business (either the business manager operating under their own name, or the company they run) provided that:
Compliance with these provisions is verified by the General Directorate for Small and Medium-Sized Enterprises at the time the application for a business permit is submitted.
Depending on the legal form chosen, the applicant must proceed with different registrations/affiliations before starting their activity.
The activities of traders running a licensed or unlicensed establishment (café, tearoom) include:
The activities of traders who are operating an eating establishment (restaurant) include:
The activities of traders operating an accommodation establishment (hotel, boarding house) include:
The activities of traders in the Horeca sector do not include delicatessen and related catering services (traiteur), which are subject to a business permit for a main craft activity.
In order to justify the qualifications for access to a profession in the Horeca sector, applicants may present:
The stamp duty for the issue of a business permit amounts to EUR 24.
If the establishment is moving to another address, the applicant must notify this, free of charge, to the General Directorate for Small and Medium-Sized Enterprises. In this case, the applicant will receive a new business permit free of charge.
The applicant can submit their application for a business permit in 2 ways:
To provide proof of the professional qualifications, the applicant must attach to their file a copy of their certificate of successful completion of the training course 'Accès aux professions de l'Horeca' (Access to professions in the Horeca sector) provided by the House of Training (or an equivalent training course).
If the applicant has been residing in Luxembourg for more than 10 years, they must demonstrate their professional integrity by:
If the applicant is a non-resident or has been a resident in Luxembourg for less than 10 years, they must demonstrate their professional integrity by providing:
This sworn declaration must state that the applicant has not been involved in the bankruptcy of a business in their own name nor in the bankruptcy of a company.
Failing this, an affidavit must be provided.
All attached documents must be less than 3 months old.
The applicant must also attach the following documents to their application:
It should be noted that for applications submitted in the context of a business set up in the form of an SARL-S, the applicant must forward the draft constitutional documents of the SARL-S to the Ministry of the Economy.
Applications will usually be processed within 3 months from the receipt of the complete application. The absence of a response before the end of that period is equivalent to a tacit authorisation.
A negative decision regarding an application for a business permit is an administrative decision against which the usual means of appeal (informal appeal, judicial appeal) can be used, provided the legal deadlines are complied with.
It is also possible to turn to the Ombudsman.
After obtaining a business permit, the head of a sole proprietorship must:
After obtaining a business permit, the executives(s) of a partnership (SCS, SENC) must:
After obtaining a business permit, the director(s) of a capital company (SA, SARL, SECA, SE) must:
After obtaining a non-definitive copy of the establishment permit, the manager(s) of a simplified limited liability company (SARL-S) must:
It should be noted that managers of an SARL-S do not need to incorporate their company before a notary. A private deed will suffice.
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.
In order to use certain names such as "hotel", "motel", "pension de famille" (boarding house), "auberge" (inn) or "restaurant", the business manager must have the hotel status.
Each professional must comply with the following throughout their existence:
Professionals without a business permit run the risk of criminal sanctions (imprisonment and fines) and the temporary closure of the establishment.
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