Operating a restaurant – hospitality activity

Updated:

QUESTION

I am interested in opening a restaurant, or possibly a bar. What kind of [business] activity must I have, what permit, so that I can realize it?

ANSWER:

A list of activities by which your current business activity could be expanded:

(1) Hospitality activity and the production of ready-made meals intended for direct consumption outside of business premises (a craft trade; based on this, you can operate a restaurant / a space where cooking will take place). A more detailed specification of this activity and what you can operate based on it can be found in the annex (list of craft trades) under point 32. In this case, it is necessary to have a responsible representative with vocational training in the field, or: Documents of professional competence specified in Section 21 of the Trade Licensing Act are, for the purposes of this Act, replaced by:

  • an apprenticeship certificate or other document of proper completion of a related field and a document of subsequent at least one year of practice in the field or two years of practice in a related field, or

  • a certificate of the school-leaving examination (maturita) at a secondary vocational school or at a secondary vocational apprentice center or at a grammar school with vocational education subjects or in post-secondary or post-graduate study in the same field and a document of subsequent at least one year of practice in the field or two years of practice in a related field, or

  • a document of completion of at least secondary school, if these are not cases mentioned in letters a) and b), and a certificate of education obtained for the relevant trade in an accredited educational institution and a document of subsequent at least two years of practice in the field or three years of practice in a related field, or

  • a diploma of graduation from a university in the relevant field and a document of subsequent at least one year of practice in the field or two years of practice in a related field, or

  • a certificate of partial qualification or a certificate of full qualification according to special regulations, or

  • a document of at least six years of practice in the field, from the completion of which no more than three years have passed;

  • practice in the field or in a related field is understood as the actual performance of the relevant activity which is in accordance with this Act and special regulations.

(2) Provision of fast-food services in connection with sales for direct consumption (if you have only this activity, it will not be possible to cook on the premises). A more detailed specification of this activity and what you can operate based on it can be found in the list of unregulated trades under point 5601.

JUDr. Veronika Michalíková, MBA

QUESTION

What are the requirements for a restaurant – a space where cooking will take place?

ANSWER:

Details regarding the requirements for communal catering establishments are determined by the Decree of the Ministry of Health of the SR No. 533/2007 Coll.:

STORAGE

A communal catering establishment shall have a warehouse established according to its purpose, which must be structurally separated. According to Section 3 (2): “A warehouse is established for food that is: a) dry, which is a warehouse with a temperature according to the type of food and a relative humidity of at most 70%, b) cool, which is a warehouse with a temperature of 8 °C to 10 °C, c) chilled, which is a warehouse with a temperature of 2 °C to 6 °C, d) freezer, which is a warehouse with a temperature of -18 °C and lower.”

Warehouses according to letters c) and d) may be replaced by a refrigerator and a freezer depending on the capacity of the establishment.

The warehouse must be equipped with a gauge for monitoring temperature and humidity if required by the type of food according to storage conditions determined by the manufacturer or established by special regulation, such that the principles of Hazard Analysis and Critical Control Points (HACCP) are observed.

The size of the food warehouse should allow for the storage of food on hygienically suitable mats, in racks, or by hanging; the flow of air around stored food; good access to stored food during handling and health safety checks; and the use of mechanical means during food transport. Semi-finished products, processed meals, and ready-made meals in containers cannot be stored directly on the floor.

The organic waste storage must be designed so that there is access to it from the outside, and it must be covered, ventilatable, easily cleanable, and lockable. The organic waste storage must be equipped with running hot water with a temperature of at least 45 °C from a public water supply or its own source and a sewage outlet; it must be protected from access by pests and must not be a source of contamination for food and meals, drinking water, equipment, or the premises of the catering establishment. The organic waste storage must be chilled if the waste is not removed daily. Depending on the capacity of the catering establishment, the organic waste storage may be replaced by another suitable device for storing organic waste, which must be located outside the premises where food and meals are handled.

DISINFECTION

Records must be kept in the catering establishment regarding performed disinfection and the destruction of animal pests.

HAND WASHING, CLOTHING STORAGE

A catering establishment, with the exception of fast-food establishments, must have created conditions for diners to wash their hands and secured areas for storing clothing.

A catering establishment must have an adequate number of changing rooms for employees, separated for women and men and also separated from operating rooms and warehouses. Changing rooms must allow for the separate storage of work clothing and civilian clothing.

TOILETS

Toilets for employees of the catering establishment must be separated for women and men and maintained in a usable and clean condition. Toilets must be located both near the employee changing rooms and near areas where there are showers and washbasins. In a catering establishment where at most six employees work in one shift, one toilet may be shared by men and women.

There must not be a direct entrance to the toilet from the operational area of the catering establishment. The toilet must be sufficiently lit, separately ventilated, and equipped with toilet paper. A women’s toilet must also be equipped with a container with a closing lid operable by foot pedal.

For diners, separate toilets must be allocated, separated for men and women, and maintained in a usable and clean condition. If it is a public catering operation with a seating capacity of at most 22, one toilet for diners may be shared by men and women.

STRUCTURAL REQUIREMENTS FOR A RESTAURANT

The operations of a catering establishment must be structurally separated or operationally separated according to Annex No. 1 of this Decree.

OTHER REQUIREMENTS:

The Decree also specifies details such as:

  • Artificial lighting should have a white color and an intensity of at least 500 lx.

  • Cleaning and disinfecting agents must be stored separately from food, meals, and drinks.

REQUIREMENTS FOR MEAL PRODUCTION

The production of meals and drinks is subject to the principles of Good Manufacturing Practice (GMP).

A sufficient amount of separate work surfaces must be ensured with regard to the type of raw material and the method of its processing, along with their visible marking; interchanging these work surfaces during use is impermissible.

If you are interested in this topic, we also recommend looking at Regulation (EC) No. 852/2004. Cooling or freezing ready-made meals produced in a catering establishment is also possible only according to special requirements.

JUDr. Veronika Michalíková, MBA