Obligations of the operator of a 3 or 4 license
Merchants wishing to operate a public house must meet a number of obligations, both in terms of training and compulsory signage.
Training obligations
Operating permit
Imposed by the law of March 31, 2006 and its decree of May 16, 2007, the business license is a compulsory training course for anyone declaring the opening, mutation, translation or transfer of a public house.
What is the purpose of a business license?
The purpose of the business license is to make professionals in the restaurant, bar and hotel sector aware of the dangers of alcohol for their customers. The course also covers all the obligations they will have to meet. These vary according to the type of establishment, practices and business concept.
To sum up, this training aims to :
- Giving you the keys to mastering the launch of a drinks establishment: regulatory procedures, deadlines to be met, managing your license, display requirements, etc.).
- Raising awareness of the risks associated with consuming alcohol on the premises or selling takeaway alcohol,
- Take responsibility for the risks involved in running a commercial structure selling alcohol: bar, brasserie, pizzeria, restaurant, hotel, etc.
- Protect professionals from the risks associated with the day-to-day running of your business.
Who should apply for a business license?
The business license applies to anyone wishing to open a business selling alcohol.
These include cafés, hotels and restaurants, and on-premises drinking establishments.
This permit is the only way for them to obtain their license to sell alcoholic beverages. The training must be taken prior to setting up a business, as the formalities for doing so will only be possible if they hold a business license. It should also be noted that all company managers are concerned.
Note that a business license is only required for those selling alcohol.
How do I obtain an operating permit?
Anyone with less than 10 years' experience as a bar manager must complete a 20-hour training course. Anyone with more than 10 years' experience as a bar manager will only have to complete a one-day, 8-hour training course.
Anyone who has been operating his or her establishment since before 2007 is not required to obtain an operating licence, provided that he or she makes no changes to the operating conditions of the licence. However, if you open a new establishment and apply for a license, you will be required to obtain an operating permit.
How long is the operating permit valid?
This permit is valid for 10 years. And it's important to know when you need to renew it, because once the permit has expired, the operator is legally no longer allowed to sell alcohol, and in the event of an inspection, risks administrative sanctions (closure of establishment, fines) or even criminal sanctions.
What are the training objectives?
This course has several objectives:
- Make future operators aware of and responsible for the legal provisions governing the sale of alcohol
- Ensure the smooth running of your business by knowing your rights and obligations
- Know the regulatory obligations applicable to customers, employees and public authorities
- Know the risks of specific sanctions linked to the sale of alcohol
Permit to sell alcoholic beverages at night
These include local grocery stores, caterers, wine merchants and general distribution activities (supermarkets, delivery services, etc.).
Who is PVBAN for?
The PVBAN (Permit for the Sale of Alcoholic Beverages at Night) is intended for retailers who sell alcoholic beverages in closed bottles and are open at night (between 10:00 p.m. and 8:00 a.m.). These include local grocery stores, caterers, wine merchants and general distribution activities (supermarkets, delivery services, etc.).
The French Public Health Code assimilates distance selling to takeaway sales. If you are an approved warehouseman, you are not subject to this training. Similarly, training is only compulsory if alcohol is delivered during this time slot. So if you deliver by post during the day, you are not subject to PVBAN.
On the other hand, if you deliver takeaway alcohol between 10 p.m. and 8 a.m., you need a PVBAN.
This training does not apply to holders of an on-premises liquor license.
What is PVBAN?
The PVBAN or night-time operating permit is an 8-hour training course.
Table and bed & breakfast business license
Bed and breakfast operators wishing to serve alcoholic beverages during meals, or table d'hôtes operators wishing to offer alcoholic beverages, must obtain a light operating permit, issued after 6 hours' training by an approved organization.
Display obligations
Display of license and smoking ban
All licensed premises must display :
- The sign of the license with which it is equipped;
- No-smoking signs;
- Regulations on the repression of public drunkenness and the protection of minors (notably the ban on the sale of alcohol to under-18s).
Displays on the repression of public drunkenness and the protection of minors
The operator is also obliged to display a poster reproducing the main provisions of the Public Health Code concerning the repression of public drunkenness and the protection of minors against alcoholism.
The Order of October 17, 2016 stipulates that this sign must be affixed inside the establishment in such a way as to be immediately visible to customers either near the entrance or near the counter.
The owner can obtain a copy from the tax authorities or the local customs office where the premises are located.
Display of prices and opening and closing times
A decree dated March 27, 1987 (modified by the decree dated June 29, 1990) governs the display of prices in establishments serving meals, food or beverages on the premises.
Under the terms of these decrees, publicans are required to display the prices of the most commonly served drinks and foodstuffs, legibly and visibly from outside their establishment, and on outdoor areas reserved for customers:
- a cup of black coffee ;
- half a draught beer ;
- a bottle of beer (capacity served) ;
- fruit juice (capacity served) ;
- one soda (capacity served) ;
- still or sparkling mineral water (capacity served) ;
- an aniseed-flavored aperitif (capacity served) ;
- a dish of the day ;
- a sandwich.
Since the decree of May 6, 2010, publicans who offer alcoholic beverages at reduced prices during restricted periods, such as "happy hours", must offer non-alcoholic beverages at reduced prices during the same hours.
The retailer must therefore announce the price reduction on non-alcoholic beverages in the same way as he informs the public of the promotion on alcoholic beverages.
Failure to comply with these provisions is punishable by a fine of 750 euros.
Lastly, the prefectoral decree on opening and closing times for public houses must be displayed.
Obligation to display non-alcoholic beverages
In all public houses, a display of non-alcoholic beverages offered for sale in the establishment is compulsory.
The display must include at least ten bottles or containers and present, insofar as the outlet is supplied, at least one sample of each category of the following beverages:
- Fruit juices, vegetable juices ;
- Carbonated fruit juice drinks ;
- Sodas ;
- Lemonades ;
- Syrups ;
- Ordinary water, whether artificially carbonated or not;;
- Carbonated and non-carbonated mineral waters ;
This display, separate from that of other beverages, must be prominently displayed in areas where consumers are served.
If the retailer offers alcoholic beverages at reduced prices during a restricted period, he must also offer the above-mentioned non-alcoholic beverages at reduced prices.
