If you are thinking of opening a restaurant or wants to become a restaurateur, then the first step involved before opening such an eating house place is to obtain the Eating House License. Eating House License is one of the most crucial paperwork that has to be done to run an Eating house of any sort. One cannot open a legal Eating house without holding this license as it is one of the necessary permits that you need at your restaurant to run a legitimate business in India. Here, we will have an in-depth look into various dimensions of how to get a grant of the same.
What does the term Eating House mean?
The term “Eating House” says it all as it contains two-term eating and house. Eating house is a place where people come and dine together for food or refreshment. This license is provided by Licensing Police Commissioner of that particular city.
Here is the list of places which are classified as Eating House:
- Restaurants
- Hotels
- Food Trucks
- Small street food shops
Licenses required for operating an Eating house in India
The list of licenses that an FBO (Food Business Operator) required for operating an Eating House in India are listed below –
Registration of the Business
At first, the applicant needs to register the business and obtain the Incorporation Certificate.
FSSAI License (Food Safety and Standards Authority)
The second and the necessary license is the FSSAI license which is issued by the department of the FSSAI. One should apply for the Eating House license only after getting the FSSAI License.
Eating House License
The applicant or the owner can apply for the Eating House License to the Police Commissioner of the concerned state.
Health Trade License
This license can be obtained from the Municipal Corporation of the concerned state of the applicant.
Fire NOC (No Objection Certificate)
It is mandatory to have the Fire Department NOC in case the seating capacity is 50 or exceeds 50. The applicant can apply for the Fire NOC from the Fire Department of the concerned state.
Liquor License
In case, the eating house wants to serve liquor in their restaurants or hotel; then it is mandatory to have the Liquor License from the Excise Commissioner of the state concerned.
Music License
The applicant needs to obtain the Music License from the Phonographic Performance Limited (PPL) in case he/she wishes to play music in their eating house.
Lift Clearance NOC
A lift Clearance NOC has required in case your eating house is a multi-storey building. You can obtain the NOC from the electrical inspector of the office of the Labour Commissioner.
Environmental Clearance
Environment Clearance NOC is required from the Pollution board of the concerned state to ensure that the business will not pollute the environment and other natural resources such as rivers or ponds.
Shops and Establishment Act Registration
Shops and Establishment Certificate from the concerned authority of that particular certificate.
Insurance
An Insurance certificate of your eating house license as it is crucial for the public liability, company assets and fire policy.
Weights and Measure Department Approval
According to the Legal Metrology Act, 2009, applicant or the owner needs to obtain the Weights and Measure Department approval for the models of weighing and measuring instruments used in the eating house.
Checklist of Documents required for opening an Eating House License:
The applicant who wishes to open an Eating house in India needs to apply online on their respective state headquarter along with the following documents:
- Proof of identity; Aadhar Card or in case applicant does not have Aadhar Card, an alternative identification proof which may include – Passport, Voter Identification Card, PAN Card, or Driving License.
- Proof of address; Aadhaar or Voter ID or Passport or Electricity Bill or Landline Telephone Bill or Rent/Lease Deed or Property Ownership documents).
- Proof of tenancy of land area (proof of possession or the lease documents).
- Proof of tenancy or rights or lease of premise (rent deed/registered lease/sale deed).
- A complete list of Director Names and current Form 32.
- Medical certificate of employees with photographs.
- List of trained Fire Staff (for lodging establishments only).
- Sanction/ approved/ as-built plans of the premises/ establishment.
- The nomination of the determined Authorized signatory on the company’s letterhead.
- Resolution of the board for conducting business
- A copy of FSSAI license/ registration papers
- Updated GST registration certificate
- A replica of the PCC- Police Clearance Certificate
- Also, you need Permission from the Indian Performing Right Society (IPRS), for conducting activities like DJ, Live Band, and Discotheque.
- A certificate of registration granted by the Labor Department of the concerned state.
- A Fire Safety Certification applicable for all eating houses, having sitting arrangements for a minimum of 50 people or more at a time.
- A self-attested copy of the NOC or No objection certificate from the landlord or the owner.
- A Trade License from DCB/ NDMC/ Airport Operator /MCD, etc.
- The Certificate of Incorporation , LLPs or any other type of entity
- Memorandum of Association (MOA) of the eating house and LLP.
- A list of employees working in the firm. It includes the food handler details such as parentage, name, address, etc.
- A Consent Letter from the DPCC[1]
- An approved location plan along with a Fire Safety Measures Certificate
- A Self-attested Affidavit for issuance of a fresh license
- The Proof of the CCTV or surveillance systems installed in the eating house premise, along with at least 30 days of video recording containing details of installation or invoice of CCTV, etc.
- Photographs of the allocated space.
However, the list of documents and the procedure to be followed varies from state to state.
Procedure for obtaining the Eating House License
The procedure for obtaining the Eating House License is listed below:
Visit the official site of the concerned state:
The applicant has to visit the official website of the specific state for which he/she wishes to apply for. After registration, you can log in to your account with the new ID and password.
For example: In case, you are applying for eating house license in Delhi, you need to visit the website https://delhipolicelicensing.gov.in/
Upload the scanned documents
Now, you can upload the scanned documents as mentioned above for the purpose of document verification.
Issuance of the Eating House License
After the document verification, the concerned state authority will issue the Eating House License within 30-60 working days.
The validity of the Eating House Registration Certificate
Well, the validity of the license depends on case to case. Typically, the period of validity is determined by the registered authorities (that means, the police authorities of the respective states which grant the license).
Some Other Cases
- In case of “change in ownership of the establishment,” the applicant has to surrender the existing license and apply again for a new license.
- In case of “change of authorised signatory/nominated licensee,” “change in the constitution of the owner entity like addition/deletion of Directors/Partners, etc.” after the grant of a license, the applicant can apply for the same through the Common Application Portal.
- In case of a decrease in capacity of the establishment, the applicant can apply for amendment of the license provided there is no change in the sanctioned plan and the proposed capacity does not exceed the maximum permissible capacity as per the occupant load defined in the Delhi Fire Service Guidelines.
- If the increase in the size of the establishment leads to a change in structure, sanction plan, occupant load/capacity, the applicant has to surrender the existing license and apply again for a new license.
Cancellation of the License
The body that is authorised to grant the license also has the right to cancel the same in the given below circumstances:
- In case the applicant infringes the guidelines of the issued license or fails to follow the instructions, the authority after giving the applicant a reasonable opportunity of being heard can cancel the license if it is not complied with.
- If the applicant wants to close the eating house for reasonable reasons then he can apply to the authority for surrendering of the license and the authority shall cancel the license accordingly.
Takeaway
Eating house license is required by a person who wishes to run an eating house of any kind. Eating house is a place where cooked food is served, it can be a restaurant, bar, hotel, or even street food stalls. However, street food stall owners need this license only when they come under a specified category of turnover requirement.
In case you need any assistance related to “How to obtain the Eating House License”, you can contact our team of experts for further procedures.
Read our article:What are the Benefits of Eating House License & Procedure for License Application in India?
