ഒരു Restaurant തുടങ്ങാൻ ഉദ്ദേശിക്കുന്ന ഞാൻ കേരള സൂക്ഷ്മ-ചെറുകിട-ഇടത്തരം വ്യവസായ സ്ഥാപനങ്ങള്‍ സുഗമമാക്കല്‍ ബില്‍ പ്രകാരം ഒരു അനുമതികും  അപേക്ഷിക്കണ്ടേ ? അപേക്ഷിക്കണം എങ്കിൽ ഏതൊക്കെ അനുമതികൾക്‌ അപേക്ഷിക്കണം?

Restaurant is not coming under the purview of MSME Facilitatioin Act.

It needs following.

1.Local body license( Panchayath/Corporation/Muncipality)

2.Reg. under Kerala Shops and commercial establishment act (Labour Dept) 

3. Food safety reg/ Licence

4. KSPCB consent to establish and Operate if new building is to be constructed, building permit and completion certificate from local body is needed.

The Acknowledgement Certificate issued under The Kerala Micro Small Medium Enterprises Facilitation Act, 2019 exempts MSME establishments from various approvals under State legislations only for three years.

Approvals Required are:

 1.FSSAI Food Safety and Standards Authority License

• About : The FSSAI license, also known as the Food License is one of the most important licenses required to open a restaurant and is obtained from the FSSAI (Food Safety and Standard Authority of India). This license is not merely a license, on the contrary, it also serves as an approval by the authority and ensures the customers that the food of that restaurant affirms to the food safety standards of India.

  This license is necessarily a unique 14-digit registration number that is given to manufacturers, traders, and restaurants which should mandatorily be printed on food packages. This confirms your consumers that they are dining at the right place which adhered to all the safety standards.

• Mode of application and fee payment: Online through - FSSAI websiteProcess is made online end to end.

• Time taken for the issue of Licence: 60 days from the date of issue of an application ID number.

• Mandates: Food Safety and Standards Act, 2006 and Food Safety and Standards (licensing and registration of food businesses), Regulations 2011

• Fees:

  • For all food service providers – INR 2000

  • Hotels upto 4 Star – INR 5000

2. Issue of Factories, Trades, Services, Entrepreneurship Activity and other Services License

• About: Trade License is a certificate issued by the local government like Panchayat, Municipality and Municipal Corporations. This is like a permission to do business in the local limits of concerned Local Self Government (LSGD). In Kerala, the Health department of Municipal Corporation/ Panchayat/ Municipality issue the Factories, Trades, Services, Entrepreneurship Activity and other Services License. This trade license is mandatory for every form of business in Kerala.

• Mode of application and fee payment: Online through - KSwift website . Process is made online end to end.

• Time taken for the issue of Licence: 7 days for Panchayat and 5 days for Corporations/Municipalities

• Mandates: The Kerala Panchayat Raj Act, 1994 and Rules made there under, The Kerala Municipality Act, 1994 and Rules made there under.

• Fees: The cost could range from INR 500 to 150000 depending on the size of the enterprise – Micro, Mini, Small, Medium and Large.

 3. Liquor Licence (Case-specific)

• About: If your restaurant serves liquor, then procuring the Liquor License is a must. This can be obtained from the Excise Department. 

• Mode of application and fee payment: Online through - Excise Department Website.  The process is made online end to end.

• Time taken for the issue of Licence: 60 days from the date of application.

• Mandates : Foreign Liquor Rules, 1953

• Fees : 

  • FL 3 Licence - Hotel, Restaurant, Bar license – INR 28,00,000 (Additional fee shall be incurred based on specific requirement)

  • FL 4A License - issued to clubs – INR 15,00,000 (Additional fee shall be incurred based on specific requirement)

  • FL 11 Licence - Beer/ Wine parlour license issued to hotels, motels, restaurants & catering establishments owned & run by KTDC & ITDC or restaurants having the rating of 3 star, 4 star, 5 star deluxe heritage & resort hotels as well as classified restaurants – INR 4,00,000. (Additional fee shall be incurred based on specific requirement)

4. Consent to Establish and Operate

• About: The Hotels and Restaurants are not only responsible for ensuring the health of the customers, but they are also legally and morally bound to ensure that its operations must not negatively harm the nature of the mother earth. The Kerala State Pollution Control Board has been established as a regulatory authority for implementing various pollution control laws.The Board provides two clearances to businesses/industries – Consent to Establish and Consent to Operate. Authority for providing consent depends on the category of industry (Red, Orange or Green category defined by the State Pollution Control Board) and the amount of capital investment in the industry.

• Mode of application and fee payment : Online through - KSWIFT website. Process is made online end to end.

• Time taken for the issue of Licence: 30 - 120 days from the date of application.

• Mandates: 

  • The Water (Prevention and Control of Pollution) Act, 1974

  • The Air (Prevention and Control of Pollution) Act, 1981

  • The Environment (Protection) Act, 1986

  • The Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016

  • The Biomedical Waste Management Rules, 2016

  • The Plastic Waste Management Rules, 2016

  • The Solid Waste Management Rules, 2016

• Fees: Fees is calculated based on Capital Investment

• Red Category

  • Minimum Fee - INR 600 (Projects up to INR 1 Lakh)

  • Maximum Fee - 0.02 % of CI (Projects above INR 1000 Cr)

• Orange Category

  • Minimum Fee - INR 550 (Projects up to INR 1 Lakh)

  • Maximum Fee - 0.015 % of CI (Projects above INR 1000 Cr)

• Green Category

  • Minimum Fee - INR 500 (Projects up to INR 1 Lakh)

  • Maximum Fee - 0.01 % of CI (Projects above INR 1000 Cr)

5. Registration under The Kerala Shops and Commercial Establishment Act, 1960

• About: To run any business, the entrepreneur must register under the Shops and Establishment Act, 1960 be it a Food Truck, a Fine Dine restaurant or a Hotel. Registration is required to be completed within 60 days of the commencement of your business. The Registration Certificate is issued by Labour Department.

• Mode of application and fee payment: Online through - KSWIFT website. Process is made online end to end.

• Time taken for the issue of Licence: Spot Approval

• Mandates:

  • Kerala Shops and Commercial Establishments Act, 1960

  • Kerala Shops and Commercial Establishments Rules, 1961

  • Kerala Shops and Commercial Establishments (Amendment) Ordinance, 2014

  • Kerala Investment Promotion Facilitation Act, 2018

• Fees: Fees is calculated based on number of employees.

  • Minimum Fees – INR 10 (Nil employees)

  • Maximum Fees – INR 2000 (Above 100 employees)

6. In case, construction is involved

About: Under the Kerala Panchayat Raj Act 1994 and The Kerala Municipality Act (1994) different permits and registrations are required form Local Bodies.

• Issue of Building and Development Permit
• Issue of Occupancy Certificate

Mode of application and fee payment: Online through KSWIFT website. The process is made online end to end.

Time taken for the issue of Licence: Mandated timelines such that the following approvals/ NOCs are provided within 45 days:

1. Building Plan approval is provided within 30 days
2. Plinth Inspection is done within 7 days of intimation
3. Final Completion/Occupancy Certificate is provided within 8 days (7 days for inspection + 1 day for issuing the certificate)

Mandates

• The Kerala Panchayat Raj Act 1994
• The Kerala Municipality Act 1994
• The Kerala Panchayat Building Rules, 2019
• The Kerala Municipality Building Rules, 2019

Fees

• Development Permit - As per the schedule
• Building Permit - As per the schedule

Source: This answer is provided by Kerala State Industrial Development Corporation.