What is Eating House License?
Eating house license is the permit required for operating an eating house for/in a particular location.
For obtaining 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 kind of food and drinks to the general public for consumption such as restaurants, café, bar, etc.
According to the Food Safety and Standards Act (FSSA), 2006, every food business operator (FBO) must obtain the FSSAI license or he/maybe subject to penalty.
Apart from this, there are several other licenses as well which is mandatory for running an eating house.
Licenses required for operating an Eating House in India
As already stated, an FBO requires several licenses to operate an eating house in India. They are as follows:
- Business Registration:Firstly, the applicant needs to register his/her business and obtain the certificate of registration or incorporation.
- Food/FSSAI License: It is the first requirement for starting 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 the seating capacity of 50 or more, Fire NOC is mandatory and can be obtained from the 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: For playing music inside the eating house, you are required to obtain music license from the Phonographic Performance Limited (PPL).
- Lift Clearance NOC: If you eating house is in a multi-story building, then you need to obtain Lift Clearance NOC from the electrical inspector of the office of the labour commissioner.
- Environmental Clearance: To ensure that your business isn’t going to pollute the environment, you need to obtain an 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.
- Weights & Measures Department Approval: As per the Legal Metrology Act, 2009, obtaining approval from the Weights & Measures Department for models of weighing & measuring instrument is mandatory.
Documents required for Eating House License
Before stepping on to the 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 the company and LLP;
- Name of Directors and Current Form 32;
- The nomination of 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 the Labour Department, GNCT of Delhi;
- Fire Safety Certificate, applicable for 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 on the basis of application submission proof);
- Approved building plan or site plan along with 3 copies plus Fire Safety Measures mentioned on map (applicable for 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 installation or invoice of CCTV, etc.;
- Proof of the earmarked space for eating house such as photographs, etc.;
- Any other documents, if required.
Note: The list is not exhaustive. We may require more documents for the completion of the process.
Basic Steps for obtaining Eating House License
You can obtain an eating house license in just three simple steps as follows:
Step 1: Fill the application
Firstly, you are required to apply for online eating house registration on the prescribed application form.
Step 2: Upload the required documents
Secondly, you need to upload the necessary documents required for obtaining an eating house license along with the required declaration.
Step 3: Document verification
After document submission, you must go to the Addl. Commissioner of Police Licensing Delhi (or of your concerned state) for application and documents verification.
Step 4: Regular follow-up
Next, you need to keep a regular follow-up with the concerned department for 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.
Step 5: Issuance of License
If everything is valid and complete, you will receive the license within 30-60 working days.
Validity of the Registration Certificate
The validity of the registration certificate stands valid for the period as defined by the registering authority which is subject to the validity of health/trade license issued by the specific local civic body and conditions in each particular case like the Name change, Fire NOC, etc.
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Frequently Asked Questions (FAQs)
Ans: According to the order of delegation of Power issued by the Commissioner of Police, Delhi vide No. 83-182/Spl.Cell/PHQ dated 01.02.08, the Addl. Commissioner of Police, Licensing, Delhi is the Registration Authority for issuing the license for eating houses.
Ans: The registering authority has the power to issue the directions regarding the eating house licensing.
Ans: The validity of the eating house license is valid for the period as defined by the registering authority which is subject to validity of health/trade license issued by the specific local civic body and conditions in each particular case like Name change, Fire NOC, etc.
Ans: Yes, it can be transferred in the case the certificate holder dies or any other situations as deemed fit by the registering authority.
Ans: For every new certificate or license, the registration fee payable shall be Rs. 300/- which is subject to revision. However, for the renewal of the license, it is Rs. 100/- which is again subject to revision.
Ans: If anybody has lost, defaced, or destroyed the registration certificate by any means, then he can again make an application to the Registering Authority (along with the lost reports, in case it is lost). If the authority finds it fit, it may issue the duplicate copy of the certificate on the prescribed payment.