1. Definition of an Eating House
To understand the requirements of obtaining an eating house license, the first and foremost thing is to understand what is an eating house. It is defined as “Any place which offers various products related to food or drink to the general public for consumption is regarded as an eating house. This covers all shops, restaurants, dhabas, food trucks, cafes, and any establishments that provide food and drink.
2. Authority Issuing the License
The license is mandatory as per the Delhi Police Act and must be applied under City/ State Police Headquarters and the Police commissioner. The authority will issue the license post verification of documents.
3. Procedure for a License Application
The procedure for obtaining the license involves three steps: – Fill the online application – Submit the documents – Meet the Additional Commissioner of Police The detailed steps involved in obtaining the license are as follows:
- 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 intended to be established. The applicant will receive a user id and password.
- The next step is to fill up the application for the license and upload the requisite documents. The sample license application is attached here below:
- After all the documents have been submitted, the applicant must visit the Additional Commissioner of Police of the state for the verification of application and the examination of documents.
- After this, the applicant must call the concerned department for a follow up on the application. If the application is rejected for any incomplete information or malafide information, the fees paid will be forfeited by the government.
- Lastly, within 45-60 days, the applicant will be issued the eating house license provided the application, and the documents submitted are adequate.
4. List of Documents to be Uploaded
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 are 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 No objection certificate (NOC) from the owner of the premise that is self-attested. – Indian Performing Right Society (IPRS) permission to have amusement activities such as DJ, live band, and discotheque.
- Applicant-related documents:
– Proof of identity like PAN Card, Passport. – Proof of Residence like 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 which is 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 (a provisional license that is rendered on the basis of application submission proof). – Police Clearance Certificate (PCC) copy. – A self-attested prescribed Affidavit for issuing a new license.
5. 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.
6. Cancellation of the License
The authority that grants the license also reserves the right to cancel the same in the following circumstances:
– If the applicant violates the guidelines issued at the time of issuing the license or does not follow the instructions given, the authority can cancel the license after giving the applicant a reasonable chance of being heard.
– If the applicant wishes to close down the eating house for certain reasons, it can apply to the authority for the surrender of the license. Accordingly, the authority will cancel the license.
7. Duplicate License
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. The eating house license is one of the many licenses required to run a food business in India. It is imperative to obtain the same to run a legitimate business.Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.