Food and beverages

There are various types of establishments that work throughout the year without Health Certificate or License to Use, sometimes they do not even know that they are illegal. This carries high risk that can lead to insolvency, as once detected by the competent authorities the establishment has only 10 days to solve the matter – and the issuance of a License to Use takes longer than that.

At ARQ+ we survey the legal situation of each establishment, both on documents and illegal construction work, presenting solutions to solve the matter.

License to Use is the most important document an establishment may hold, as it defines the activity- It may be requested after the licensing of works done, by the previous communication, if no works were done or due to exemptions, and may be requested right after the space is concluded and ready to open.

The most common activities in this economic activity area are usually associated to the following CAE – Portuguese standard for the classification of economic activities:

56101 – Restaurants type traditional

56102 – Restaurants with counter places

56103 – Restaurants without table service

56104 – Restaurants type typical

56105 – Restaurants with dance floor space

56107 – Restaurants n.e. (includes food activities as food trucks)

56301 – Coffee shop

56302 – Bars

56303 – Patisseries and Coffee shop

56304 – Other establishments serving drinks without show

56305 – Establishments serving drinks with dance floor space

Space license to shows and public amusement of non-artistic nature is an associated licencing to the Food and/or Beverage activity and mandatory not only to these types of establishments but also to:

– Bars with life music

– Night clubs and similar

– Gambling areas and recreation

– Long term establishments of food and beverage that promote show and public amusement (dance floor, live music or with DJ)

– Carnivals and Thematic Parks

– Balls and Parties Rooms

– Electronic Games Rooms

Excluding from this type of licensing the following establishments:

– Food and beverage establishments without show and public amusement (dance floor, live music or with DJ)

– Show rooms of artistic nature (ex: theater, cinema, circus, bullfight arenas)

– Aquatic premises

The issuance of these licenses depends on the previous fulfillment of several criteria, namely: conformity of the concluded work to the approved project (assuming legalized work), correct use of the premises (compatible use: tertiary usage), fulfillment of the applicable technical norms and of security, sanitarian conditions and security norms of fire safety.

Associated license to the activity, but implies obtaining other licenses and fulfillment of the rules in force elaborated by each municipality.

It allows occupying several add devices as well as esplanade.

A mandatory license in where it is declared the establishment owner and description of the activity and submitted to the Town Hall.

It covers a ray of economic activities related to trade and services.

The extension of operation hours license (maximum 10 per year) may be sporadic to carry out certain events or for a certain enlarged period of time.

Both cases depend of complying a set of legal requirements as: the existence of all licenses and authorizations to that type of activity, the compliance of fire safety and noise norms.

Framed with the same legislations applicable to Space Licences, but to itinerant, improvised or provisory entertainment places.

Itinerant locations shall have a limited area, be it or not covered, where the portable entertainment equipment is assembled and by its construction may dislocate and assemble again, as:

1. a) Itinerant Circus;
   b) Itinerant bullfight arenas;
   c) Entertainment pavilions;
   d) Merry-go-rounds;
   e) Entertainment car tracks;
   f) Other mechanic entertainment.

Improvised locations are those that have constructive characteristics or precarious adaptations, temporarily assembled to a show or a specific public entertainment, be it public or private spaces, with or without space limitations, covered or open air, as:

1. a) Marquees;
   b) Shed and similar spaces;
   c) Platforms;
   d) Stages and arenas;
   e) Provisory bench stands.

In the provisory Entertainment are included the spaces and licences to other activities, and accidently are used to show performances and public entertainment, regardless the need to adapt, as:

1. a) Stadiums and sports pavilions when used to show of artistic nature or similar;
   b) Enclosed parking;
   c) Storages;
   d) Establishments of food and beverages.