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Pankaj Tyagi
| Updated: 06 Jul, 2022 | Category: Eating House License

Eating House License Affidavit: Is it Mandatory for Registration?

House License Affidavit
Reading Time: 3 minutes

An Eating House License Affidavit plays a pivotal in registering the eating house in any state. The respective police authority of the State has the power to grant this license.  The Eating House License Affidavit is among the key documents that an applicant needs to submit along with the application for the eating house license. In this write-up, we will briefly explain the role of the Eating House License Affidavit and its key enclosures.

Legalities of an Eating House License Affidavit

The following mentioned clauses are the legalities of an Eating House License Affidavit –

  • The Eating House License Affidavit must be printed on a judicial stamp paper worth Rs 10/-. Please note that the notary’s approval of this affidavit is important to make it legally enforceable.
  • Information to be appended in the Eating House License Affidavit
  • Name and address of the applicant
  • Business place name and address
  • Validity of trade license
  • Designation of the applicant in the company
  • Contact details of the applicant
  • Duration for which business place is running

Confirmations made by the Applicant in an Eating House License Affidavit

Through the Eating House License Affidavit, the applicant confirms that –

  • The business place has been registered under the respective Municipal Corporation Act[1], or the renewal application for the same is in process.
  • The business place has been or has not been charged for the offence(s) committed in the past. 
  • The business place has a required approval in place for meeting the pollution norms.
  • The KYC of all serving personnel has been done as per prescribed guidelines.
  • The business place has been registered under COPTA guidelines and has a dedicated smoking zone, if any.
  • The fire NOC from the State pollution board has been secured.
  • The proper fire fighting equipment has been installed within the business premises.
  • The layout plan of the business place has been approved by the competent authority.
  • There is a fire evacuation plan in place to deal with emergency situations.

Other Documentations for an Eating House License Application

Apart from the said affidavit, the following documents also act as a key enclosure to the Eating house license application –

  • Identification evidence such as a PAN card, etc.
  • Residence proof such as Passport, Voter ID, Aadhaar card, etc.
  • Tenancy evidence such as Sale Deed, Lease Deed, or Rent Agreement
  • Self-attested NOC of the business place owner
  • Copy of Trade License
  • Certificate of Incorporation (COI), in case the business place is registered under the Companies Act, 2013
  • Name of the serving Directors & current form 32
  • The nomination of an authorised signatory on the company’s letterhead
  • Board resolution reflecting members’ consent for obtaining eating house license
  • Food license granted by the FSSAI
  • GST certificate
  • Name of the serving Directors and form 32
  • Approval from the respective labour department
  • Fire safety certificate granted by the respective fire department (mandatory in case of where a seating capacity is equal to or greater than 50
  • Workforce details such as name, contact details, and phone number
  • The Provisional License granted by the pollution control board
  • Approved site or building plan attested with three copies plus fire safety norms cited on map (applies to eating house whose seating capacity is less than 50
  • Police clearance approval
  • Request for providing amusement services like Live Band Discotheque, Live to customers
  • Invoice of CCTV system involved within the premises
  • Photos of the dining zone within the proposed eating house 
  • Any other documents, if required.

Process of securing an Eating House License

The process of obtaining an Eating house license in a given state is as follows –

Step 1: Application submission

The applicant is required to fill the prescribed application as advised and submit it under the applicable authority.

Step 2: Submit the documents in a standard format

Next, submit the mandatory documentation in the standard format along with the affidavit as mentioned above.

Step 3: Approach Additional Commissioner of Police Licensing

After online application filing, visit the Additional Commissioner of Police Licensing of the respective state for an application and reports of the vetting.

Step 4: Regular follow-up

Your application, along with documents, remains under scrutiny for a while. In the meantime, you are required to keep the tap on the progress of the same through a portal and respond to authority’s queries accordingly, if any. In case of non-response, the authority may cancel the application.

Step 5: Grant of Eating House License

Once the authority securitises the application and document entirely and gets satisfied with their findings, they will stamp their approval for the grant of license.

Conclusion

The Eating House License Affidavit acts as a mandatory enclosure to the eating house license application.  Without it, the authority concerned rejects the Eating house license application. Affidavit covers various key points that authenticate the existence of the applicant as well as the business place. It also informs the authority about the type of licenses the applicant has at his disposal. However, it does not assure the grant of license as the authority vets other key documents before stamping their approval. Securing approval for an imminent eating house license is not an easy job owing to the stringent vetting procedure. In some cases, you may need expert assistance to fulfil the licensing compliances.

Read our Article:How to Avail Eating House License in India

Pankaj Tyagi

Pankaj has a diverse experience of writing research papers, blog, and articles during his college time. Earlier, he was working as a tax consultant in a financial firm, but his interest in writing drives him to pursue a career in the writing field.

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