This article is written by Shubhi Agarwal, a student of Lloyd Law College.
Planning to open a cafe? Before you start your own dream cafe, you need to ensure that you comply with all permits and licenses. There are many permits and licenses that are required to open a retail food establishment or a café. The licenses required to open a café in Delhi are:
Food and Safety License: To safeguard public health and ensure quality of food, it has been made mandatory for all eateries in India to obtain a Food Business Operator (FBO) license from Food Safety and Standards Authority of India (FSSAI), as per Food Safety and Standards Act 2006.To file an online application for food and safety license you need to visit http://www.fssai.gov.in. The FSSAI guidelines state several requirements that are required to be fulfilled to obtain food and safety license. These requirements are as follows:
- Display of license/Notices/Certificates etc.
- Knowledge of food handling practices.
- Regular health status monitoring of food handlers.
- Food safety messages depending on type of food being sold.
- Special instructions on product (food being sold), if needed.
A detailed guideline on handling raw food materials can be accessed here http://www.fssai.gov.in/Portals/0/Pdf/Guidelines.pdf.
Health/Trade License: This can be obtained from the local civil authorities of the area where you want to open a café. To register for health and trade license in Delhi, one must visit http://188.8.131.52/htl/htlregistration.php.
Eating House License– This is provided by Licensing Police Commissioner of that city. For opening a café in Delhi, you need to go to the site of Licensing Police Commissioner of Delhi http://delhipolicelicensing.gov.in/eating/eating-house.htm and follow the procedures.
GRANT OF REGISTRATION CERTIFICATE
The applicant is required to apply for the registration of an Eating House on the prescribed application form along with the following documents:-
- Document(s) to prove the legal occupancy of the Place of Eating House and in case of tenancy, NOC from land lord in the form of affidavit on stamp paper of Rs.10/- duly attested.
- Site plan containing details of the size of the Eating House.
- Two postcard size photographs of the place showing its usage as an Eating House.
- Photocopy of valid NDMC/MCD/DCB/Airport Authority of India trade license and fee receipt.
- Proof of residence of the applicant like Election Card, Driving License & Passport
- An Affidavit on stamp paper of Rs.10/- duly attested.
- Fire NOC, if Seating Capacity of the Eating House is 50 or more.
- Undertaking with regard to proposed/existing facilities like music & Live performance, dance floor, Bars & disco etc.
- Undertaking regarding installation of CCTV Cameras with 30 days recording facility.
Fire Department: You have to ensure the compliance of all the fire safety guidelines. This has to be done before submitting the application, for obtaining a NOC, to the Chief Fire Officer. You can also contact the Chief Fire Officer in case there is a delay in carrying out the inspection or issue of fire safety guidelines, or issue of NOC after the inspection has been carried out etc. The department does not levy any charges for this job for the time being.
Pollution certificate: Delhi Pollution Control Committee (DPCC) is responsible for providing this license http://www.dpcc.delhigovt.nic.in/indexdup.php.
Music license: For playing recorded music or video in your restaurant, you need to obtain this license Phonographic Performance Ltd. (PPL) http://www.pplindia.org/licctg.aspx. They have been functioning as copyright providers for sound recordings of music and creations of its members.
Trademark: It is important to register your trademark, as it prevents other users from using the same trademarks and to ensure that you are not infringing upon someone else’s trademark.
Certificate of Environmental Clearance (CEC): This permit is from the EMA for certain types of projects or activities. You can obtain it from the Ministry of Environment and Forests after submitting the questionnaire for environmental appraisal http://moef.nic.in/divisions/iass/quest/q-hot.pdf.
Insurance: You can consult any insurance company for these insurances:
- Public Liability
- Product Liability
- Fire Policy
- Building & Asset
Shops and Establishment Act: You are required to register your restaurant under the Shops and Establishment Act.
Signage license: You will be required to obtain this license from local civil authorities.
Licensing is an important part of procedure of opening a café. It helps café maintain health standards and also have a separate legal identity. Moreover, licensing add to the goodwill of the café as customers will be more attracted to a place which is safer and holds quality. It will bring customer satisfaction. According to FSSAI officials, eateries operating their business without FBO license will be penalized up to Rs.5 lakhs and jailed up to six months.