Operator of drinking and catering establishments
Last update
In order to operate a drinking and catering establishment, the manager must have a business permit.
Who is concerned?
The activities of operators of drinking and catering establishments include:
- selling drinks to be consumed on the premises or for take away;
- selling prepared dishes, to be consumed on the premises, taken away or for delivery.
- where applicable, selling various other products (tobacco products, sweets and candy, postcards, souvenirs, etc.).
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).
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.
- Sole proprietorship
- Company
Individuals who wish to operate a drinking and catering establishment in their own name, in the context of a sole proprietorship, must meet the legal conditions of professional integrity.
Companies that operate a drinking and catering establishment 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 operating 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:
- if applicable, a copy of a previously held business permit; or
- a certificate of successful completion of the final exam which completes the course for access to professions in the HoReCa sector organised by the Chamber of Commerce through the House of Training.
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
- Sole proprietorship
- Company
After obtaining a business permit, the operator of a sole proprietorship must:
- go to the Joint Social Security Centre to register as self-employed;
- submit an operating declaration to the social security administration (if they intend to hire staff);
- register for VAT;
- register as an establishment in the food sector with the Food Safety Unit.
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:
- submit an operating declaration to the social security administration if they intend to hire staff;
- register themselves as an employee or as self-employed with the social security;
- register for VAT.
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
Each professional must comply with the following throughout their existence:
- 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:
- a licence to serve and sell alcohol (concession de cabaretage or 'Schanklizenz') and
- an assistant manager authorised to sell such drinks in their absence.
The number of licences to serve and sell alcohol is limited in Luxembourg. This is why 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.
Hotels, motels, inns and restaurants
In order to use certain names such as 'hotel', 'motel', 'pension de famille' (boarding house), 'auberge' (inn) or 'restaurant', the manager must apply for the hotel status.
In addition, the applicant offering traveller accommodation services must request access to the accommodation forms system in order to declare the persons accommodated. These services also include temporary room rental above a bar.
Online services and forms
Who to contact
General Directorate for Small and Medium-Sized Enterprises (Department for Authorisations of Establishment)
-
Ministry of the Economy General Directorate for Small and Medium-Sized Enterprises (Department for Authorisations of Establishment)
- Address:
-
Luxembourg
PO box 535 / L-2937 Luxembourg
- Phone:
- (+352) 247-74 700
- Email address:
- info.pme@eco.etat.lu
- Website:
- https://meco.gouvernement.lu/en.html
The telephone helpline is open Monday to Friday, from 9.00 to 12.00 and 13.30 to 16.30 (not on public holidays).
House of Entrepreneurship
-
House of Entrepreneurship
- Address:
- 14, rue Erasme L-1468 Luxembourg Luxembourg
- Phone:
- (+352) 42 39 39 - 330
- Email address:
- info@houseofentrepreneurship.lu
Open Closes at 17.00
- Friday:
- 8.30 to 17.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.30 to 17.00
- Tuesday:
- 8.30 to 17.00
- Wednesday:
- 8.30 to 17.00
- Thursday:
- 8.30 to 17.00
Horesca
-
Horesca
- Address:
- 7, rue Alcide de Gasperi L-1615 Luxembourg Luxembourg
- Phone:
- (+352) 42 13 55-1
- Fax:
- (+352) 42 13 55-299
- Email address:
- horesca@pt.lu
- Website:
- http://www.horesca.lu
Related procedures and links
Procedures
Links
Further information
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
-
Règlement grand-ducal 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
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