Summary
In order to open a drinks outlet and sell alcoholic drinks (fermented drinks or spirits), you must first obtain authorisation from your local authority.
The amending Law of 15 December 2005 (MB 28.12.2005) on administrative simplification II, in force since 7 January 2006, entrusted the local authorities with the task of issuing opening authorisations and licences to sell fermented drinks and spirits respectively.
- Fermented drinks: beer, wine and other products resulting from fermentation (e.g. vermouth, port, etc.).
- Spirits: products that contain 1.2% alcohol by volume and/or are the result of distillation (e.g. whisky, gin, brandy, etc.).
The document is called an authorisation (fermented drinks) or licence (spirits) depending on the type of alcohol involved.
The authorisation serves a purely fiscal purpose. It enables the Customs and Excise Department to verify that all taxes on alcohol have been levied.
Please note: If this obligation is not complied with, the sanction may be a fine, and/or closure, or suspension of authorisations. The latter may not exceed a period of 3 months.
In detail
This procedure can be carried out online or by visiting the municipality where the drinks outlet is located. Applications for opening such outlets must be made using the application form and must be accompanied by a certificate of good conduct. The mayor only gives an opinion on the application for opening a drinks outlet after ensuring that the outlet has received a favourable fire prevention report and is covered by public liability insurance. Proof of a public liability insurance request and a copy of the favourable fire prevention report must be attached to the application for opening a drinks outlet for fermented drinks or spirits.
The following two documents must be attached to the application:
- A certificate of good conduct
Certificates of good conduct are issued to any person wishing to operate or work in, occasionally or permanently, a drinks outlet (snack bar, Horeca, etc.).
Application: By telephone, post, in person, at the ‘Population’ booth, or by e-mail depending on the municipal authority.
Issuance: At the ‘Population’ counter. In principle, never sent by post, fax or e-mail, to be checked at the municipal authority.
Documents to be submitted for issuance: Identity card or a power of attorney and a copy of the identity card if a third party is collecting the criminal record extract.
Tax: EUR 5 (costs may vary depending on the municipal authority).
- A criminal record extract (not older than 3 months)
- the future drinks outlet operator and all persons living with him/her who may be involved in operating the drinks outlet;
- the representative, if any, of the future drinks outlet operator;
- each body or its representative, if any, responsible for fulfilling the obligations imposed by the coordinated laws of 3 April 1953 or for intervening in any way whatsoever in the operation of the outlet (if the future outlet operator or its representative, if any, is a legal entity);
- each natural person who is part of the association responsible for fulfilling the obligations imposed by the coordinated laws of 3 April 1953 or for intervening in any way whatsoever in the operation of the outlet (if the future outlet operator or its representative, if any, is a de facto association);
- an extract from the company’s criminal record, which you can obtain from the Central Criminal Records Office (DG ROJ), boulevard de Waterloo, 80 à 1000 Bruxelles 02 552 27 47 – email : casierjudiciaire@just.fgov.be. (if the future outlet operator or its representative, if any, is a legal entity).
To request an extract from the criminal record:
Application: By telephone, post, in person, at the ‘Population’ booth, or by e-mail depending on the municipal authority.
Issuance: At the ‘Population’ counter, within 2 days. In principle, never sent by post, fax or email. This information must be verified at the municipal authority.
Documents to be submitted for issuance:
- Identity card or a power of attorney and a copy of the identity card if a third party is collecting the criminal record extract;
- Proof of registration with the Banque-Carrefour des Entreprises (BCE company number);
- If the future drinks outlet operator or the representative, if any, is a legal person, the company articles or corporate deeds as published in the annex to the Belgian Official Gazette;
- In the case of a contract with a brewery, a letter from the brewery certifying the appointment of the operator(s) as agent(s), countersigned by the operator(s).