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You plan to serve alcohol in a bar or restaurant in France?
You must get the Permis d’Exploitation certificate to obtain your license 3 or license 4.
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Yes, the permis d’exploitation is indeed mandatory and is essential in several cases :
1.When declaring your license at the town hall. It's important to carry out this declaration 15 days before the opening. Opening prematurely is considered an offense, and you risk a fine of 3.750 euros.
2.During the registration of your business : if you declare a bar or restaurant, the permis d’exploitation will be required. The only exception is when you open an establishment without alcohol. In this case, neither a license nor an permis d’exploitation will be required.
3.When signing the deed of purchase for a license 3 or license 4 : the notary will ask for your permis d’exploitation.
The initial permis d’exploitation course has a minimum duration of 20 hours, as we've seen above, and must be co-facilitated by two trainers.
Aventum offers this permis d’exploitation course over two and a half days :
- Two full days (from 9 am to 1 pm and from 2 pm to 6 pm).
- And a half-day (from 9 am to 1 pm).
However, the duration of the permis d’exploitation can be reduced to 1 day in the following cases :
1.Expert permis d’exploitation : you have more than 10 years of experience, without holding an permis d’exploitation. Therefore, you have created your bar or restaurant before 2007 when the permis was not yet mandatory. However, you need your permis because you are opening/taking over a business, transferring a license, etc.
2.Permis d’exploitation renewal : your permis d’exploitation is expiring. Therefore, you must attend a course to renew it for the next 10 years.
3.Permis d’exploitation table d’hôtes : You want to serve alcohol in your table d'hôte. This one-day permis only allows you to operate this activity. If you plan to create a reception room with a license 3 or 4, the complete 2.5-day permit will be required.
Not necessarily. The permis d’exploitation will be required if you apply for a license to serve alcohol on-site. There are two types :
1.Liquor licenses : license 4 is the most well-known, known as the full license. License 3 allows you to serve alcohol up to group 3.
Both licenses allow you to serve alcohol on-site or for takeout, with or without meals. Therefore, they can be used for a bar, as well as a restaurant or snack.
2.Restaurant licenses : There are two levels. The small restaurant license allows you to serve up to group 3. The Restaurant license allows you to serve any type of alcohol ... accompanying a meal.
Are you only selling for takeout ? You will need a specific permis d’exploitation called PVBAN, only if you sell or deliver alcohol between 8 pm and 8 am.
If you don't sell alcohol, know that you no longer need a license. This has been the case since June 1, 2011. Therefore, you don't need a license if you're creating a smoothie bar or a coffee shop.
You are in this situation if you are creating or taking over :
- a bar, a nightclub, a cabaret : the permis d’exploitation is then required when declaring the opening, mutation, translation/transfer of my license 3 or 4,
- a restaurant or a snack : the permis d’exploitation is then required when declaring the opening of my restaurant license or small restaurant license. It is also required if I declare the mutation of a license 4,
- a table d'hôtes : the permis d’exploitation is then required when declaring the opening of my restaurant license,
- a night grocery store : the permis to sell alcoholic beverages at night (PVBAN) is then required.
Many people think that their permis d’exploitation is tied to a license. Essentially, they might take a course for a license type 4. Operating a type 3 license would then require them to take a new course. Know that this is COMPLETELY FALSE.
We often compare the permis d’exploitation to a driver's license. It is mandatory to operate one or more licenses.
So, if I have multiple establishments, I can have a single permis d’exploitation. However, I must oversee the operation of these establishments. As soon as my network is too large to be managed by a single person, permis d’exploitation will be required for the actual operators.
Yes, your permis d’exploitation does have a limited lifespan. It is valid for 10 years. At the end of this period, you will need to renew your permis d’exploitation. To do so, you must undergo a minimum of 6 hours of course, usually in a one-day session.
The purpose of this update is to cover regulatory changes since the initial permis. Indeed, the operating rules of an establishment can undergo significant changes.
What are the consequences if you don't renew your permit on time ? Legally, you may face significant fines, potentially up to 3.750 euros. In practice, you are likely to be asked to undergo the renewal as soon as possible.
If you don't sell alcohol, know that you no longer need a license. This has been the case since June 1, 2011. Therefore, you don't need a license if you're creating a smoothie bar or a coffee shop.
To issue an permis d’exploitation, training organizations must be accredited by the State and comply with a framework defined by the Public Health Code.
Aventum is one of the accredited organizations. We obtained our accreditation in 2016 from the Ministry of the Interior, and it was renewed in January 2021 by the Haute-Garonne Prefecture. Its validity is for 5 years.
Please note that organizations must conduct training sessions that are co-led by two trainers.
You have completed your permis d’exploitation course and obtained your license ? What formalities should you undertake ?
Firstly, head to the town hall in your operating location. The service may vary from one town hall to another. In many cases, it is the municipal or administrative police that manages licenses. In other municipalities, it could be the civil registry, general affairs, or regulations...
Note that in Paris, it is not the town hall but the Police Prefecture that manages licenses.
You must fill out form CERFA 11542*05 to complete this formality. In addition to this form, you must provide:
- Your identification document (ID card or residence permit),
- An occupancy title (commercial lease, property title),
- Your permis d’exploitation,
- In many cases, a Kbis,
- This declaration must be submitted at least 15 days before the opening of the establishment. Failure to comply with this waiting period can result in a fine of up to 3.750 euros. It is an offense.
To confirm your declaration, the town hall must provide you with a declaration receipt. This is form CERFA 11543. Be attentive, if the agent needs to have this document signed by an elected official, follow up if you haven't received anything in the coming days. Indeed, the waiting period starts from the date of declaration. And what attests to this declaration is this document.
Within three days of your declaration, the town hall sends the complete copy of your declaration to the prefecture.
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