Eating House License

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Restaurants, cafes, bars, etc., need eating house licenses from the state police headquarters to serve various kinds of food or drinks to the general public. We assist in obtaining the eating house license in Delhi, Mumbai, and Bengaluru.
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Eating House License in India - Overview

An Eating House License is an official authorisation granted to local food establishments for selling and serving food for public consumption. The license is issued by State Police authorities and is mandatory for operating all kinds of eateries in India, whether it’s a restaurant, a café, or a temporary food stall. Obtaining an Eating House License is not just a legal obligation but also demonstrates your establishment’s commitment towards maintaining the highest standards of food safety and hygiene. This includes compliance with various health codes, sanitation guidelines, and quality control measures set forth by the government. At Setindiabiz, we provide end-to-end assistance in applying for the Eating House License through our quick, easy, and 100% online process.

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Eligibility for Obtaining Eating House License

Local Laws like the Delhi Police Act, the Karnataka Municipal Corporation Act, and the Mumbai Municipal Corporation Act define strict criterias for obtaining an Eating House license. These criterias must be adhered to in order to give an Eating House the ability to conduct operations legally, without any hindrance. The table below offers a complete overview of all such criterias and helps you initiate your licensing journey with ease and comprehensiveness.
S.No. Eligibility Conditions for Eating House License
1.
Declare Accurate Trade Information: This includes location, floor(s), area, and seating/room/bed capacity in alignment with the Municipal act of state in which the eating establishment is located. In Delhi the premises must conform to the condition specified in Section 417 & 421 of DMC Act, 1957.
2.
Ensure Structural Safety and Fix Accountability: Confirm that the building is structurally sound, and take responsibility for any claims or damages resulting from accidents.
3.
Unauthorized Construction and Ownership: Understand that the license doesn't grant rights to unauthorized constructions or ownership claims.
4.
Property Tax Adherence: Confirm payment of all property taxes related to the premise.
5.
Premises Maintenance and Public Welfare: Commit to maintaining premises in a safe and sanitary condition to prevent hazards and nuisances.
6.
Technical Compliance: Fulfill technical conditions and adhere to all health trade license terms, as they evolve.
7.
Check Potable Water Supply: Ensure a consistent supply of safe drinking water on the premises.
8.
Responsibility for Violations: Acknowledge that licensing agencies aren't responsible for violations or illegal activities on your premises.
9.
Hygiene and Waste Management: As per SWM Rules, 2016 and Plastic Waste Management Rules, 2016, keep the premises clean, prevent garbage accumulation, and strictly follow waste management rules.
10.
Tobacco Control (COTPA Act 2003): Abide by the provisions of the Cigarettes & Other Tobacco Products Act, 2003, designating smoking areas properly and preventing smoke permeation.
11.
Child Labor and Fair Wages: Ensure no child labor and comply with minimum wage regulations.
12.
Fire and Electrical Safety: Adhere to fire and electrical safety standards for the well-being of all occupants.
13.
Environmental Compliance: Abide by rules governing air quality, water quality, and pollution control for responsible environmental conduct.
14.
Employee Antecedents Verification and Police Clearance: Confirm that all employees have clean records and police clearance certificates, promoting a safe and secure environment.
15.
Regulatory Adherence: Abide by relevant provisions of the Food Safety and Standard Act, GST Act, Labour Act, and other regulations.
16.
Amusement Activities: Obtain valid permissions before organizing any amusement activities to ensure safety and legality.

Documents Required for Eating House License

To obtain an Eating House License, an application has to be filed to the Local Police Commissioner’s Office, who is the authority granting the license. However, completing the application requires the submission of certain documents. These include the documents of the applicant, the establishment, the premises, and the employees. Their submission is crucial in enhancing the chances of your application’s approval. So, make sure you file them correctly and with authentic information.
Documents For Eating House License in India
  1. Owner's documents
    • ID & Address Proof, and
    • Police Clearance Certificate
  2. Applicant’s Constitution Document
  3. Applicant’s Licensing Documents
    • Trade License
    • FSSAI License / Registration (whichever Applicable)
    • GST Registration Certificate, if applicable
  4. Details of Pest Control measures taken
  5. Stack monitoring report
  1. Premises documents
    • Property Ownership Document / Rent or Lease Agreement
    • NOC from the Owner of the establishment, if the Licensee is not the owner
    • Photo & Site Plan of the Establishment
    • Sanction/ approved/ as built plans of the premises/ establishment
    • Lift information, if any
    • Invoice of CCTV Installation
  2. Medical Certificate of the employees with photographs
  3. PCC of Employees
  4. Liquor License, if liquor is served.
Note:
  1. For LLP- COI and LLP agreement, PAN Partnership- Partnership deed , PAN , Limited, Private Ltd., Public Ltd., Company- COI, MOA & AOA and PAN Names of Directors/Designated Partners & Current DIR – 12 & Board Resolution for conducting business
  2. Stack monitoring report is required from the empanelled laboratory of DPCC. It should not be more than six months old , if applicable.Individual units having diesel engine in Power Plant, Generator Set Applications with engine ratings less than or equal to 800 KW are not required to provide this report.
  3. If a passenger lift is used within the Eating House premises, provide information about its usage.
    • Specify the date of the most recent mechanical inspection of the lift.
    • Attach a copy of the fitness/safety certificate issued by the Inspector of Lifts to demonstrate compliance with safety standards.
  4. CCTV Installation must have 30 days Record Facility supported with a valid annual maintenance contract

How to Apply for Eating House License in India? - Stepwise Process

Eating House Licenses can be obtained by applying to the appropriate local police authorities. However, navigating through the process of such application can be complicated and may require legal supervision. This is where Setindiabiz and its expert legal team will come to your rescue! We will take care of the entire application process for you, beginning with preparation of documents to complete application filing, helping you obtain the license in an easy and hassle-free manner. Here’s a step wise guide to help you understand better.

Step-1: Documentation

Before beginning the application process for Eating House License, prepare all the required documents, as discussed above. These documents are crucial for the approval of your form. If you need any assistance, reach out to our experts. We ensure accurate documentation that increases the chances of your application getting approved in the quickest, and most hassle-free manner.

Step-2: Apply for Eating House License

Once you are thorough with the documents, you can move ahead with the filing process. Depending on the location you are applying for, and your Police jurisdiction, the application may be available in online or offline modes. In online mode of application, you can simply visit the official State Police website, access the prescribed form and complete it for submission. However, in offline mode, you will have to visit the Police Commissioner’s office, access the form, and fill it out manually for submission.

Step-3: Submit the Required Documents

The documents prepared in the first step need to be submitted to the licensing authority after the application has been filled out. Their submission will be based on the mode of filing. If the filing mode is online, scanned copies of all the documents will have to be submitted. However, if the filing mode is offline, their physical copies must be submitted to the authorities. In either case, the documents must be self-attested by the applicant.

Step-4: Pay the Application Fees

The application fee for Eating House License varies for each state and also depends on the floor area as well as seating capacity of your establishment. Nevertheless, the payment of such fee must be made in the prescribed manner and a copy of the payment challan must be submitted with the documents. This ensures that your filing has been completed and your application is ready to be processed for the grant of license.

Step-5: License Granted!

Once the application fee is paid, the form can finally be submitted to the Police Commissioner’s Office. The authority will thoroughly examine your application, and every detail will be verified for authenticity. The authorities will grant you the Eating House License within 30 to 60 days from the date of filing. You can keep a track of your application’s status, by visiting the Commissioner’s Office and enquiring frequently.

Cost & Validity

Cost of Eating House License – The Government Fee for Eating House License is decided by the respective Commissioner to whom the application is being filed. The exact amount may vary from state to state. Further, it also depends on the seating capacity and floor area of your establishment. To know the government fee for Eating House License applicable in your state, you can schedule a detailed consultation with our experts.
Validity of Eating House License – An Eating House License is only granted for a limited period, and does not have a lifetime existence. However, the duration of validity differs from state to state. For instance, in the state of Delhi, the Eating House License once granted, shall be valid for a maximum period of three years, at a time, and shall expire on 31st March of the third year if not renewed within time. To know the validity of an Eating House License in your state, you can contact our experts for personalized consultation.

Benefits of Eating House License

Operating an Eating House with a valid license can be beneficial on various fronts. Not only does it ensure compliance with local laws, but also enhances the credibility of your food business among customers and investors alike. Having an Eating House License implies that your business is compliant with all food safety and regulatory standards set forth by the government. It gives the government an opportunity to monitor your activities through the State Police Authorities.

Legal Compliance

Eating House License ensures that your establishment operates within the framework of law, and helps avoid potential penalties, closures, or legal issues due to unauthorized operation.

Enhanced Credibility

Having a valid license enhances the credibility of your eating house among customers, suppliers, and business partners, as it demonstrates your adherence to food safety and regulatory standards.

Access to Financial Assistance

A valid Eating House License enhances your establishment’s eligibility for financial assistance, grants, or loans offered by government agencies or financial institutions to support small food businesses.

Streamlined Inspections & Audits

With a valid license, your eating house is more likely to undergo streamlined inspections and audits from health and regulatory authorities. This can save immense time and resources while ensuring transparency and compliance.

Expansion Opportunities

Having an eating house license is often a prerequisite for expanding your food business to new locations or participating in tenders and contracts with third parties. These opportunities are crucial for your business growth.

Marketing Advantage

Displaying your Eating House License publicly can be a marketing advantage, as it shows your commitment to quality and compliance, attracting more customers to your establishment.

Operational Timings for Eating Houses

Licensed Eating Houses need to adhere to strict timings of opening and closing their business for the day. These timings are prescribed under local laws granting the license. We have mentioned the timings of certain categories of Eating Houses below to enhance your knowledge.
In case customers are served before closing, Eating Houses in categories 2 and 3 can remain open for 15 minutes after closing for consumption of served items.

Amendments in Eating House License

Once the applicant establishment has obtained the Eating House License, amendments and modifications are possible only to a restricted extent. While the ownership of the license cannot be changed in usual circumstances, unprecedented circumstances like the sudden demise of the owner calls for the same, subject to the approval of the Police Commissioner. Contrarily, changing the authorised representative of the establishment is a rather easy and hassle free process.
We have explained all the regulations regarding amendments allowed in the Eating House License during the normal course operations. For further clarifications on the subject, reach out to our experts!

Amendments in Ownership of the License:
An Eating House License cannot be transferred or assigned to another individual. It remains specific to the original recipient only. If you transfer ownership, surrender control, or engage in agreements impacting business’s conduct, your license will automatically terminate from the concerned date.

Amendments in Ownership Due to Sudden Demise of Existing Owner:
In case of the licensee’s sudden demise, their heir or legal representative has the option to apply for its transfer within one month. An application for the same can be submitted through the Unified Portal of the Ministry of Home Affairs. The Commissioner of Police or an authorized officer will review the application and subject to their discretion, will grant permission to the heir or legal representative to use the license for the remaining period of its validity.

Amendments in Business Name and Activity:
Owners holding a License for an Eating House are not permitted to modify the establishment's name or offer services that are not sanctioned by the License. If you intend to make desired changes or introduce additional services, explicit authorization has to be taken by applying for a fresh endorsement. This ensures compliance with legal requirements while accommodating new changes in a structured manner.

Amendment in Authorized Signatory and Applicant Entity's Constitution:
For alterations in authorized signatory or amending the establishment’s constitution (e.g., adding or removing Directors/Partners), a simplified process is available. After obtaining your initial license, you can initiate the procedure of amendment by submitting an application with relevant authority. This enables you to efficiently update the necessary information while ensuring compliance with the regulatory framework.

Notifying Closure:
If you decide to close or cease operations of a licensed Eating House, it's important to promptly inform the Commissioner of Police or the authorized officer regulating Eating Houses in your locality. This step initiates necessary follow-up actions by the Regulating Authority in response to such closure.

Renewal of Eating House License

Maintaining the legality and uninterrupted operations of your establishment is of utmost importance. As a license holder, you must be aware of your license’s validity and ensure timely renewal by submitting an application online on the Unified Portal of the Ministry of Home Affairs. The process must be initiated at least three months before your existing license expires.
For a successful renewal, you first need to access the prescribed application form, fill it out with the accurate and authentic information, and upload the necessary documents for completing the filing process. The documents required primarily include the Health Trade License issued by the Municipal/Local Authorities, the Area Suitability Reports from Local and Traffic Police, and an undertaking in Form-2 (Annexure-2).
Once the application is completed, it can be submitted on the Unified Portal. The Licensing Division will review your application and ensure its accuracy. Throughout the review period, your premises will continue to be registered under the existing license. The registration status remains intact until you receive your renewed license or your renewal application is rejected by the authorities. The renewal process ensures compliance with safety regulations, including Fire Safety, Environmental clearance, Structural and Electrical safety, and so on for an Eating House.

What are the Penalties for Not Getting an Eating House License?

Since the Eating House License is granted under the respective State Government, the penalties for not obtaining the same varies for different states. For instance, if you’re operating an Eating House in Delhi without a valid License, you may be charged a fine of Rs.50. Further, the appropriate Court of Law may order your business to be shut down with immediate effect, and remain so until a fresh license is obtained. Non-compliance with such an order may result in further imposition of a penalty worth Rs.200. You may check the penalties applicable to other states in the state-specific bye-laws, or simply reach out to our experts for detailed consultation.

Frequently Asked Questions

Failing to meet health and safety standards may lead to warnings, fines, or suspension of the Eating House License until the issues are rectified.
An Eating House License is a legal permit issued by the Local Police Commissioner’s Office to all Eateries operating in the area and serving or selling food for public consumption, This does not include public places of entertainment and places that sell liquor or intoxicating food.
Yes, Eating House License is mandatory. Any individual or entity planning to operate a food establishment for commercial purposes, serving food to the public, must obtain an Eating House License.
The application process may vary depending on the location and local regulations. Generally, you need to submit an application with the required documents, pay the necessary fees, and ensure compliance with health and safety standards for the grant of license.
The documents typically include trade license, FSSAI license, police clearance certificate, ID proof and address proof of an applicant, ownership/tenancy proof via ownership documents or rental agreement, NOCs from relevant authorities like fire, electricity, and pollution control departments, and the invoices of necessary installations like CCTVs and fire safety equipments. However, the exact list will be prescribed by the respective police department only.
In most cases, an Eating House License is non-transferable. If there’s a change in ownership or location, a new application is usually required.
In case of a change in ownership, you need to surrender the existing license and apply for a fresh license with the new ownership details.
For changes such as authorized signatory, owner entity constitution (e.g., addition/deletion of Directors/Partners), you can apply through the Common Application Portal after the initial license is granted.
Yes, you can apply for an amendment to your license for a decrease in capacity, provided the sanctioned plan remains unchanged and the proposed capacity adheres to the maximum permissible capacity defined by Delhi Fire Service Guidelines.
If the increase in capacity leads to changes in structure, sanctioned plan, or occupant load/capacity, you will need to surrender the existing license and apply anew for a fresh license.
You can apply for license renewal up to three months before the expiration of the current license validity. This ensures a smooth transition and avoids any disruptions in operations.
The validity of an eating house license varies across different Indian states. Generally, it’s valid for three years, but this duration can differ based on the specific state regulations and local civic body rules.
The validity periods of Eating House License across a few popular states have been mentioned below.
  1. Delhi: 3 years
  2. Maharashtra: 3 years
  3. Karnataka: 3 years
  4. Kerala: 5 years
  5. Tamil Nadu: 3 years
Yes, in certain cases, the validity period of an eating house license can vary based on the location and density of the area. Densely populated areas might have shorter validity periods to ensure regular inspections.
In addition to the eating house license, you may need other licenses, such as:
  • Food Safety and Standards Authority of India (FSSAI) license
  • Trade license
  • Fire safety NOC (No Objection Certificate)
  • Health department NOC
Ensure you understand the specific licenses needed for your food business by consulting local authorities.
An FSSAI license is issued by the Food Safety and Standards Authority of India. It ensures that your food business complies with food safety and quality standards set by the government.
A trade license grants permission to operate a business in a specific area and ensures that your business activities adhere to local zoning regulations.
A fire safety NOC is crucial to ensure your establishment is equipped with necessary fire safety measures and adheres to regulations that protect both patrons and employees.
A health department NOC ensures that your food business meets health and hygiene standards set by the authorities, safeguarding public health.
The validity period of an Eating House License varies by location and may range from one to five years. It must be renewed before the expiration date.
Operating without a valid license is illegal and may result in penalties, fines, or closure of the establishment.
Minor changes to the menu may not require a new license, but significant changes may need approval from the licensing authority
No, Eating House License does not permit the sale and serving of liquor or other intoxicating items for public consumption.
Failing to meet health and safety standards may lead to warnings, fines, or suspension of the Eating House License until the issues are rectified.

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