What is an Eating House License?
Eating House license is the License issued by Licensing Police Commissioner of a particular city/state. This license permits to establish an eating house in a specific location. The applicant needs to obtain this license along with several other licenses if he/she wants to operate a café, restaurant, hotel, etc.
What is an Eating House?
Any place open to the public where any type of food or drink is served or supplied for consumption or Any place where food or refreshments of any kind (which does not include spirits, wines, beer, or other forms of malt liquors) are provided to the public and is then sold for consumption.
All restaurants, hotels, food trucks, and even small street food shops are classified are as Eating Houses.
Documents Required for an Eating House License
The following is the comprehensive list of the documents which needs to be uploaded along with the application:
- Eating House site-related documents:
- Location plan of the Eating House
- Photographs of the same
- A fire safety certification where it is applicable for eating houses that seats a minimum of 50 people at a time.
- The proof of surveillance systems or CCTV that installed along with a minimum 30 days of video recording comprising the installation or invoice details concerning CCTV, etc.
- Proof of ownership or tenancy or or lease of premise (registered lease/rent deed/sale deed)
- A self-attested ‘No objection certificate’ (NOC) from the owner of the premise
- Indian Performing Right Society (IPRS) permission to have amusement activities such as DJ, live band, and discotheque.
- Applicant-related documents:
- Proof of identity such as PAN Card, Passport, Aadhar Card
- Proof of Residence such as Passport, voters id, Bank account.
- Memorandum of Association of the eating house and LLP.
- The Certification of Incorporation of the companies and LLP.
- Director and employee-related documents:
- Complete list of Director Names as well as the current Form 32.
- The nomination concerning the concluded Authorised signatory on the letterhead of the company.
- Resolution of the board for operating business.
- The list of all the employees who are working in the eating house. This will also include the food handler information – name, parent, age, and address.
- A certificate of registration issued by the Labour Department.
- Other documents:
- A Trade License from DCB/MCD/NDMC/Airport Operator.
- A copy of FSSAI license/registration papers.
- Updated GST registration certificate.
- A Consent Letter from a DPCC
- Police Clearance Certificate (PCC) copy.
- A self-attested prescribed Affidavit for issuing a new license.
Procedure for obtaining Eating House License in India
Please refer to the following steps to obtain your Eating House License:
- Sign up
Firstly, The applicant must first register on the registration page of the official website of the police of the state in which the eating house is to be established. The applicant will receive a user id and password.
- Filing up the application form
The Applicant must then login and fill up the application form by mentioning all the necessary details of the directors and their eating house. The prescribed fee differs in each state.
- Submission of Documents
Subsequently, the applicant needs to submit all the relevant documents as prescribed above with the application form.
- Scrutinization by Additional Commissioner of Police
Once you submitted your entire documents along with the application form then, after that your appointment will be fixed with Additional Commissioner of police for the proper verification of your application and all the relevant documents.
- Follow up
You will then need to follow-up with the government department for an update on your application. In case if your application gets rejected because of incomplete information or Mala fide application with misrepresented facts, the fees once paid will not be refunded by the government.
- Granting License
Once you meet with Additional Commissioner of Police and all your documents are verified then, your application will be approved and preceded further for granting the Eating House License. Generally, it will take 35-40 days for the License authority to grant the License for the same.
Validity of an Eating House License
The tenure of Eating House License will depend on its Registering Authority. However, its validity is also subject to the Health/ Trade License and other Licenses associated with the application.
Renewal of the License
The renewal of the license will take place when the validity of the license ends. The validity of the license depends on the issuing authority, that is the validity of the license varies from state to state. Generally, the license is valid for three years. The renewal process is similar to applying for a new license.
Cancellation of the License
The authority that grants the license also reserves the right to cancel the same in the following circumstances:
- 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.
FAQs
Yes, the License issued for eating house is transferable in following cases:
1. Death of the owner
2. Transfer of ownership
3. Issuing authority deems fit
In case the license is torn, damaged, or deteriorated, the applicant can apply for a duplicate license along with the prescribed fees. The authority will evaluate the application and grant the same.
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.
Trade License is a license or permission issued by a municipal corporation granting permission to carry on a particular business at a particular address. It ensures that the citizens are not adversely affected by health hazard and nuisance by the improper carrying of trade.