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How to open a restaurant? Because of the lawyer

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It is difficult to find a person who does not dream of opening his own restaurant: a pub, pizzeria or a small cozy cafe. However, this requires more than just great ideas and a team. In order not to risk your own business at the beginning of its creation, try to avoid legal facsimiles. Our clients' cases helped to form some useful tips that a novice restaurateur should follow.

Register a business

In order to work legally, you need to create a company (LLC) or register as a natural person-entrepreneur (PE). The advantages of FOP are ease of registration and withdrawal. LLC is more suitable for several owners or if in the future you are going to sell the business. Restaurateurs often combine these forms: the kitchen is registered by a private individual, and the bar - by a limited liability company. 


Choose a restaurant space

Check if the landlord has documents and a technical certificate for the premises. Be sure to check for arrests, mortgages and risky litigation. They can cause early termination of the contract. By the way, we have already written in more detail about the choice of premises in this one articles.

We advise you to read the lease carefully. It must specify the characteristics of the premises, the lease term, a fixed rental price, the possibility of crediting the repair to the rent. Be sure to evaluate the cases when the landlord can terminate the lease without your consent, the grounds and procedure for increasing the rent. Our clients use agreements that minimize the risks associated with the lease. If you need to inspect the premises or prepare a contract, we can help you.


Obtain a tobacco and / or alcohol license and register an PPO

If you plan to sell alcohol and cigarettes, you need a license.

For the sale of such goods without a license, a fine of twice the value of the goods sold.

Licenses are issued by service centers of payers of the SFS of Ukraine. The issuance period is 10 days, and the cost of an alcohol license is UAH 8,000. for a year.

In addition to the license, you will also need to install a registrar of settlement transactions - RRO (cash register). To register an RRO, you must submit an application to the SFS at the place of registration of the institution.

Register the facilities and the fire declaration

 Register the capacity of the institution in the State Food and Consumer Service. The application must include information about the institution and the activities you plan to carry out. Registration is free for 15 days.

Also, register the declaration of compliance of the restaurant's material and technical base with fire safety requirements with the State Emergency Service of Ukraine. If the premises are rented out, such declaration is registered by the owner. It is free of charge for 5 working days.


Execute employees

Before admitting employees to work, you must notify the tax office of their employment. If employees are not registered, you risk receiving a fine from the State Labor Service in the amount of UAH 120,000 for each unregistered employee.

It should be borne in mind that civil law agreements may be concluded with certain categories of employees. Using them, you can save on taxes and not draw up an employment contract for one-time work. You can also read about the registration of employees under civil law contracts in another of ours articles


Register intellectual property (optional)

Individualize your restaurant business: register a trademark or recipes for cooking or cocktails. This will protect your brand and recipes from being used by others.

If you plan to develop a franchise and transfer the right to use your brand, it is mandatory to register a trademark. To register, you must apply to Ukrpatent. This should be taken care of in advance, because the minimum term of trademark registration is usually more than one year.


Advertise your restaurant and open a summer playground

 You must obtain a permit to place a sign on the facade of your restaurant. This also applies to the summer playground.

The procedure for obtaining a permit in each city is different. You may be fined for advertising and the summer playground without permission, and the sign and the summer playground may be dismantled.

We told you about the key points that novice restaurateurs had difficulty with. Following these simple tips will help you focus on developing your restaurant business rather than fighting regulators. If the latter will bake - we have a proven action plan.


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If you want to open your own restaurant and you have any questions, contact us and we will help you.


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