An Overview of Eating House License
An eating House License is the permit required to operate an eating house in a particular location. To obtain this License, the applicant needs to make an Application to the State Police Headquarters and the Police Commissioner of the particular city. Generally, an eating house is a place which serves various kinds of food and drinks to the general public for consumption, such as restaurants, cafés, bars etc. According to Food Safety and Standards Act (FSSA), 2006, every food business operator (FBO) must obtain FSSAI License or he may be subject to a penalty. Apart from this, there are several other Licenses as well, which are mandatory to run an eating house.
Licenses Required to Operate an Eating House in India
As already stated, FBO requires several Licenses to operate an eating-house in India. They are as follows:
- Business Registration: The applicant needs to register his/her business and obtain a Certificate of Registration or Incorporation.
- FSSAI License: It is the first requirement to start an eating-house in India, which is issued by the Department of Food Safety and Standards Authority of India.
- Eating House License: It can be obtained from the Police Commissioner of the concerned state in which the applicant wishes to open the eating house.
- Health Trade License: It can be obtained from the Municipal Corporation of the specific state.
- Fire NOC: For eating houses with a seating capacity of 50 or more, Fire NOC is mandatory and can be obtained from Fire Department.
- Liquor License: If the eating house is going to serve liquor, then it requires Liquor License from the Excise Commissioner of the state.
- Music License: To play music inside the eating house, you are required to obtain Music License from Phonographic Performance Limited (PPL).
- Lift Clearance NOC: If an eating house is in a multi-story building, then you need to obtain Lift Clearance NOC from the Electrical Inspector of the Office of Labour Commissioner.
- Environmental Clearance: To ensure that your business isn't going to pollute the environment, you need to obtain NOC from the Pollution Board of the concerned state.
- Registration under Shops & Establishment Act: It can be obtained from the concerned authority of the specific state.
- Insurance: It is crucial for public liability, Company assets and Fire policy.
- Approval for Weights & Measures Department: According to the Legal Metrology Act, 2009, obtaining approval from the Department of Weights & Measures for models of weighing & measuring instruments is mandatory.
Documents Required for Eating House License
Before stepping into Licensing process, ensure that you have the following documents for eating house:
- Identity proof such as PAN card etc.;
- Residence proof such as Aadhaar card, Passport, Voter etc.;
- Proof of tenancy or ownership or lease of premise (Registered Lease/Sale Deed/Rent Deed);
- Self-attested NOC of premise owner;
- Current NDMC/DCB/MCD/Airport Operator Trade License;
- Certificate of Incorporation of Companies and LLP;
- Memorandum of Association of Company and LLP;
- Name of Directors and Current Form 32;
- The nomination of an Authorised signatory on the letterhead of the Company;
- Board Resolution for conducting business;
- FSSAI License/Registration;
- GST Registration Certificate;
- Name of Directors and Form 32;
- Registration Certificate obtained from Labour Department, GNCT of Delhi;
- Fire Safety Certificate is applicable for the eating houses with a seating capacity of 50 seats and more;
- List of employees working in the eating house, including food handlers, along with their name, parentage and address;
- DPCC Consent Letter (Provisional License is provided based on an Application submission proof);
- Approved building plan or site plan along with 3 copies plus Fire Safety Measures mentioned on map (applicable for the eating houses with the seating capacity less than 50);
- Self-attested prescribed Affidavit for fresh License;
- Police Clearance Certificate (PCC);
- Request for holding amusement activities like DJ, Live Band Discotheque;
- Proof of CCTV system installed along with 30 days recording such as the technical report of an installation or an invoice of CCTV etc.;
- Proof of the earmarked space for an eating house, such as photographs etc.;
- Any other documents, if required.
Procedure for Eating House License
Following is the step by step procedure for an Eating House License:
- Fill in the Application: The applicant needs to first register on the official website of the police of the particular state in which the eating house is intended to be established.
- Upload the Documents: After that, the applicant must upload all the necessary documents required to obtain an Eating House Licenandith the required declaration.
- Document Verification: After document submission, the applicant must go to the Additional Commissioner of Police of the particular state to verify the application and documents.
- Regular follow-up: Next, the applicant needs to keep a regular follow-up with the concerned department for regular updates regarding your application. In case your application is incomplete or mala fide, it will be rejected with misrepresented facts. Furthermore, if you have paid the fees, it will be forfeited by the government.
- Issuance of License: If everything is correct and complete, you will get an Eating House License within 30-60 working days.
Renewal of the Eating House License
The License renewal will take place when the license validity ends and the validity depends on the authority, i.e., the validity of the License varies from state to state. Usually, the Eating House License is valid for 3 years. The renewal process of the Eating House License is similar to applying for a new license.
Revocation of the License
The authority that grants the Eating House License also reserves the right to revoke the same in the following circumstances:
- If the applicant violates the guidelines issued during the issuance of the License or doesn't follow the instructions given, the authority can revoke the License after giving the applicant a reasonable chance of being heard;
- If the applicant wants to close down the eating house for some reason, it can apply to the issuing authority for the surrender of the License. Accordingly, the authority will revoke the License.
What to do if the License is damaged or torn?
In case the Eating House License is damaged or torn, the applicant can apply for a Duplicate License along with the suggested fees. The authority will evaluate the applicant and issue the same. The Eating House License is one of the many licenses required to operate a food business in India.
Why Swarit Advisors?
Obtaining a Government License may seem a straightforward task, but it revolves around many complications that increase rejection chances. If you willing to remain ahead of the curve & aim to obtain a License without any hassle, contact Swarit Advisors.
FAQs of Eating House License
The Additional Commissioner of Police, Licensing Department, Delhi, has the authority to issue a registration certificate to the eating houses. The same has been made in consonance to the order of Power Delegation issued by the Commissioner of Police, Delhi, vide No 83-182/ Special Cell/ PHQ dated 01.02.2008.
The Registering Authority has the power to issue the directions and guidelines related to the Eating House License.
An Eating House License remains valid for a period specified by the Registering Authority while issuing the license. However, the validity of the license issued is subject to the specific local civic body and conditions in each case, such as Name Change, Fire NOC, etc.
Yes, an Eating House License is transferable but only in certain situations, such as at the death of the Restaurant Owner; Transfer of Ownership; and if Issuing Authority deems fit.
For every new Certificate or License, the applicant needs to pay a Registration fee of Rs. 300/- which is subject to revision. Further, for the renewal of the License, the applicant needs to pay Rs. 100/- which is again subject to revision.
Yes, one can obtain Duplicate Registration Certificate in case he/she has lost, defaced, or destroyed it by any means. The applicant needs to file an application for the same to the Registering Authority.
An Eating House License is a permit that is required to operate an eating house in a particular location. To obtain this License, the applicant needs to make an Application to the State Police Headquarters and the Police Commissioner of the respective city.
Any applicant who is aggrieved by the orders passed by the Registering Authority may present an appeal before the Commissioner of Police within a period of 30 days, starting from the date of order against which the said appeal is to be filed.
There are two situations in which an Eating House License stands cancelled. First, when there is a violation of directions and guidelines issued by the Registering Authority. And second, when the registration holder himself/herself submits a written request for the cancellation of his/her Eating House License.
The applicant needs to submit an application for renewal along with the documents prescribed to the Registering Authority.
The steps included in the process of obtaining Eating House License in India are Fill an Application; Upload the Required Documents; Verification of Documents; Regular Follow-up; and Issuance of License.
Normally, a period of 30 to 40 days is required to obtain Eating House License in India.
The licenses required to operate a Food Outlet in India are Business Registration; FSSAI License; Eating House License; Health Trade License; Fire NOC; Liquor License; Music License; Lift Clearance NOC; Environmental Clearance; Registration under Shop and Establishment Act; Insurance; and Approval from Weight and Measures Department.
Yes, Registering Authority can issue Duplicate Eating House License.
The Police Commissioner of the respective state has the authority to hear an appeal against the Issuing or Registering Authority.