What is Eating House License in India
Eating House License is the mandatory requirement other than FSSAI License for operating the food business in India such as restaurants, hotels, or any other eating place. The License shall be obtained at the time of opening the restaurant.
Eating House License is mandated by the Delhi Police Act for operating eating houses anywhere in India. Commissioner of Police, Delhi has delegated the authority to the Additional Commissioner of police for the grant of License. Under this article, we have given in-depth analysis and information relating to the topic Eating House License.
What is Eating House Place?
Eating House Place is said to be a place where common public and customers are permitted and admitted to sit and consume food, water, beverages and which are supplied for consumption by the owner of such eating house place. The eating house can be any of the following places where foods, beverages or refreshment of any kind are supplied such as:
- Food Truck, etc
Procedure for obtaining eating house license
Following is the basic procedure to get eating house license in India:
Apply to Police Commissioner-Licensing Authority
An applicant for opening the eating house business in India shall apply to Police Headquarters (authority for the grant of Eating house license) of concerned city or state where the restaurant has to be opened.
Fill the application online
Apply online through the official website of Delhi police https://delhipolicelicensing.gov.in and complete the application form by filling necessary details.
Attach the Documents
Once the form is completed, necessary documents shall be annexed thereto.
Verification of documents
Applicant shall go to the registration authority, additional commissioner of police licensing of the concerned state for verification of all the details and documents.
Rejection of application
Once the documents and applications are submitted, the police commissioner verifies for its correctness. In case the application is not approved for any reason, and the same is rejected by the authority, government fees paid at the time of applying shall be forfeited by the government.
Approval of application
If the application is verified and approved the authority issue the License within thirty to sixty days.
Required Documents for online eating house license
Following is the list of documents to be annexed with an application:
- Id proof such as voter id/passport/driving license etc
- Aadhar and PAN card of the applicant
- Address proof such as bank statement/electricity bill etc
- In case the premise is owned, documentary proof such as registry, electricity bill, will be attached
- NOC from landlords is compulsory if the premise is rented.
- In case an applicant is LLP- COI, LLP agreement, MOA
- In case an applicant is a company- COI, MOA & AOA
- Details of the director/promoter/partners such as name, address, contact details, etc
- FSSAI License already obtained
- GST registration certificate
- Labour department registration certificate
- In case the eating house has the sitting capacity or 50 or more people, fire safety certificate is mandatory to obtain, and the copy of such certificate is attached with an application
- Three copies of approved building layout or plan
- Certificate of police clearance
- Approval or permission for arrangements of amusements such as the installation of DJs, Live Band, etc
- CCTV Installation proof such as installation invoice, etc
Cancellation of License
Authority who has granted the License can also cancel or suspend the same based on the following:
- If the owner or the license holder violates the guidelines issued at the time of allotting the License or is found not following the direction issued by registering authority shall upon giving the reasonable opportunity of being heard, can cancel the License
- In case the eating house is not operating or is willing to shut down its business for the reason stated, it can apply to the authority, for the surrender of the License, who upon the receipt of such application will cancel the License.
Miscellaneous Licenses for operating Eating House in India
Food business operators include restaurants, hotels, food trucks, etc. who operate or are engaged in any food business in India. These FBOs shall obtain following other licenses also along with eating house license:
Firstly the entity shall get itself registered and shall obtain a valid certificate of business registration or incorporation certificate
The most important License and a primary requirement for every business engaged in food business shall obtain FSSAI license issued by food safety and standards authority of India
Health & Trade License
Trade license is issued by Municipal Corporation of the specific state in which the applicant is willing to start his food business. Trade license is a permit to operate the business within a particular municipal limit.
If the hotel/restaurant has the sitting capacity of 50 or more people, shall obtain Fire NOC from the fire department
If the eating house is willing to serve liquor as a beverage shall get the License from excise commissioner
If the restaurant or hotel is located in a multi-story building on some higher floor, food operators shall obtain NOC from the electrical inspector of the labour commissioner.
Shop & establishment certificate
Registration under Shop & Establishment shall be obtained from the authority of the specific state.
Frequently Asked Questions
The validity of such License stands valid for a period as stated in such certificate issued by the competent authority granting the License. The validity varies subject to health or trade license issued by the local civic body or such other changes in the organization, its name, activities, etc.
Yes, the License issued for eating house is transferable in case the:
- Owner of the restaurant die,
- There is any transfer of ownership
- Issuing authority deems fit
In case the authority finds it feasible to grant the duplicate License if the same has been lost, damaged, deteriorated, or any similar incident occurred. The applicant can make the application to the additional commissioner of police for the same along with the prescribed fees.
If any person is aggrieved by order of the additional commissioner of police or any other authority can apply to present its appeal before the Police Commissioner within 30 days of receipt of such order.