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court hammer
infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • 3750 € Finecourt hammer
    infoFine of €3,750 for opening a third or fourth category on-site drinking establishment, outside the conditions provided for
  • 1 Damage to reputationcourt hammer
    infoRisk of inconsistency with company values - Responsible Governance

    Declaration of opening, transferring or transferring a restaurant or throughput of beverages to be consumed on site or to be carried away


    Scope of application

    Any person wishing to open, transfer or move a restaurant or establishment selling alcohol, either for consumption on the premises or to take away.

    Exclusion

    Individuals who, at a fair, sale or public event, establish coffees or drinking places are not required to make an opening statement, transfer or transfer;but must be authorized by the municipal authority.

    Associations that establish cafes or drinking places for the duration of public events are not required to make statements;opening, deploying or transferring but must obtain the authorization of the municipal authority within the limit of five annual authorisations for each association.

    Description

    The administrative declaration must be made for restaurants and establishments selling alcohol at least 15 days before

    • the opening of a new establishment
    • the transfer, in case of a change of owner or manager;
    • translation (transfer), in case of a change in the place of operation, whether in the same town or not.
    indicating :
    1. His full name, place of birth, profession and domicile;
    2. The situation of the outlet;
    3. The title in which the owner is to manage the bar and the name, surname, profession and address of the owner, if applicable;
    4. The category of the bar it proposes to open;
    5. The operating licence attesting to its participation in the training referred to in Article L. 3332-1-1.
    In the case of a transfer following a death, the declaration period is one month.


    Transfer of a licence

    A pub may be transferred within the area where it is located. In case of a move outside the municipality where it was established, the operator must request authorisation for the transfer from the prefect of the department where the outlet is to be transferred.

    When examining the application, the prefect must consult the mayor of the municipality of origin and the mayor of the municipality where the outlet is to be located. However, their opinion is not binding on the prefect, who decides whether or not to authorise the transfer.

    In the event of refusal, this decision takes the form of an order which must indicate the reasons for the refusal, as well as the deadlines and channels for appeal.

    In the absence of a response within 2 months, the transfer is considered accepted.

    A public house that has ceased to exist for more than 5 years is considered to have been closed and can no longer be transferred.

    However, this period is suspended in case of judicial liquidation or temporary closure pronounced by the judicial or administrative authority.

    When a court decision has pronounced the final closure of a public house, the licence of the establishment is cancelled.


    Authority

    Mairie (cas général)
    Préfecture (Alsace-Moselle)
    Préfecture de police (Paris)

    Responsible(s)

    Exploitant d'un établissement distribuant des boissons alcoolisées

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