To sell alcoholic beverages to customers, you must first obtain a license. There are therefore three types:
- to be consumed on site;
- to take away;
- the restaurant license.
To note : These licenses do not cover the manufacture or import of alcoholic beverages.
I — The categories of license to sell drinks to be consumed on site
The license for a hotel café restaurant that wishes to serve alcohol, without it being an accessory to a meal, is the license to sell drinks to be consumed on site. These are the famous licenses (ex-) II, III, and IV.
Ordinance No. 2015-1682 of 17 December 2015 simplifying certain prior authorization regimes and the declarations of businesses and professionals, amended and simplified the regime for the sale of alcoholic beverages.
Alcoholic beverages are classified into categories (article P. 3321-1 — of the Public Health Code). The reform of September 17, 2015 abolished the category II license by merging category 2 and 3 alcohols.
In the end, there are only two licenses left. Be the restricted license And the Grand license (P. 3331-1 of the Public Health Code).
Restricted license : Non-distilled fermented drinks and natural sweet wines. Wine, beer, cider, perry, mead, crème de cassis, muscat. Fruit juices containing up to 3° alcohol. Liquor wine, wine-based aperitif, fruit liqueur containing less than 18° alcohol.
Great license : All alcohols.
To note: As a result of the reform, holders of the former license II became holders of a restricted license (license III) as of 1 January 2016
II — How to obtain a license to sell drinks in the hotel and catering industry?
For a café, hotel or restaurant, the law defines several conditions that must be met in order to obtain a drinking license. Here's everything you need to know before applying for such a license.
Nationality:
The nationality requirement has been removed.
Debtor's disabilities:
To obtain a drinking license, you must:
- be of legal age or emancipated minor;
- not be under guardianship;
- not having been sentenced to certain penalties, in particular for a criminal offense or pimping (permanent ban), or for theft, fraud, breach of trust (the incapacity can be lifted after 5 years).
Operating permit
According to the article P. 3332-1-1 of the Public Health Code: The operating license is obtained after specific training in an approved training institution. It is valid for ten years. The request is made by sending the Cerfa 14407.
Advance statement
According to the article P. 3332-1-3 of the Public Health Code: The administrative declaration (Cerfa No. 11542*04) must be made for restaurants and establishments selling alcohol, at least 15 days before:
- the opening of a new establishment;
- transfer, in the event of a change of owner or manager;
- translation, in the event of a change of place of operation, whether in the same city or not.
In the case of a mutation following a death, the reporting period is 1 month.
Limiting the number of drinking establishments
The number of drinking establishments is subject to a limitation. The article P. 3332-1 of the Public Health Code therefore limits the number of licenses available. The 2015 ordinance amended the procedures for calculating quotas, creating new licenses. It now states that:
A 3rd category on-site drinking establishment cannot be opened in municipalities where the total of establishments of this nature and establishments of the 4th category reaches or exceeds the proportion of a store per 450 inhabitants, or fraction of this number. The population taken as the basis for this estimate is the total municipal population, not including the population counted separately, as it results from the last census. For tourist municipalities within the meaning of Article L. 133-11 of the Tourism Code, the procedures for determining the population based on this estimate are determined by decree in the Council of State.
However, this prohibition does not apply to establishments opened following a transfer carried out under the conditions laid down in article P. 3332-11.
When the quota is reached, the only way to obtain an IV license is to acquire it at the same time as a business. It can also be done separately.
III — The transfer of a license to sell drinks to be consumed on site
In order to control the number of alcohol outlets, the State limits the transfer (regardless of the legal mode) of licenses geographically. Since the 2015 ordinance, the transfer can therefore take place throughout the region (which are themselves expanded by the reform of the regions).
However, the transfer of a license is not free. In the event of a change of municipality, the transfer must then be authorized by the regional prefect (P. 3332-11 of the Public Health Code):
An on-site drinking establishment operated can be transferred to the region where it is located. Requests for transfer authorization are submitted to the State representative in the department where the drinking establishment is to be transferred. The mayor of the municipality where the establishment is located and the mayor of the municipality where the establishment is located must be consulted. When a municipality only has a 4th category drinking establishment, this establishment can only be transferred with the favorable opinion of the mayor of the municipality.
In case of silence from the administration for 2 months, the transfer is then considered accepted.
lookout : A drinking license is subject to a statute of limitations for non-operation. The 3-year period was extended by the reform to 5 years (P. 3333-1 of the Public Health Code).
