Access to and running a catering establishment

¿Qué requisitos debo cumplir?

• The general requirements for catering establishments set out in Decree 12/2016 of 21 April 2003.
• The requirements for catering establishments by type and category laid down in Decree 12/2016 of 21 April 2003:

1. Restaurants: Article 10
2. Banqueting halls: Article 11
3. Cafeterias: Article 12
4. Bars: Article 13

• The requirements for catering establishment specialities set out in Decree 12/2016 of 21 April, should the owner of the catering establishment opt for one of those specialities.

¿Qué documentos necesito?

1.- Access to and running the business: owners of catering establishments must submit the Declaración responsable de establecimientos de restauración [self-declaration for catering establishments] form before starting any business activity. The form must be duly completed and sent to the Tourism Section of the province in which the establishment is located, in the following cases:

• Commencement of trading. The ‘1- Declaro bajo mi responsabilidad’ [‘I declare under my own responsibility’] box should always be ticked.
• Change in ownership.

a) The ‘1- Declaro bajo mi responsabilidad’ box should be ticked in the following cases:

• if the catering establishment has been registered in the Castile and Leon Tourism Register since prior to 19 May 2016 and changes are made to the type or category of establishment or a speciality is added, or when substantial works are carried out to extend or renovate the premises;
• if the catering establishment was registered in the Castile and Leon Tourism Register on or after 19 May 2016.

b) The ‘2- Declaro bajo mi responsabilidad’ box should be ticked when the catering establishment has been registered in the Castile and Leon Tourism Register since prior to 19 May 2016 and is not included in the cases mentioned in the previous section.

2.- Change of information and cessation of trading: owners of catering establishments must submit the Comunicación [communication] form for any change or cessation of trading concerning a catering establishment. The form must be duly completed and sent to the Tourism Section of the province in which the establishment is located, in the following cases:

• for any change in the information included in the self-declaration and the documents provided, or any cessation of trading or cessation due to a change of ownership;
• when substantial changes or alterations are made that may affect the classification, category or specialisation of the catering establishment.

3.- Incorporation of information or documents: owners of catering establishments must submit the Incorporación de datos o documentos a un procedimiento administrativo ya iniciado [incorporation of information and documents into an administrative procedure that has already been initiated] form, in order to, inter alia, rectify any deficiencies or add new documents to a procedure that has already been initiated. The form must be duly completed and sent to the Tourism Section of the province in which the establishment is located.

¿Qué plazo tengo para solicitarlo?

Access to and running the business:
• Applications must always be submitted prior to starting any business activity (Article 21(1) of Law 14/2010 of 9 December).
• In the case of a change of ownership, the new owner must submit a new self-declaration within 1 month, always prior to commencing trading (Article 21.1 of Law 14/2010 of 9 December and Article 24 of Decree 12/2016 of 21 April). Notice of changes in information and cessation of trading (Article 24 of Decree 12/2016 of 21 April)
• Notice of any change in the information included in the self-declaration or the documents provided, or any cessation of trading or cessation due to a change of ownership, must be sent within 1 month of that change.
• Notice of any substantial changes or alterations that may affect the classification, category or specialisation of the catering establishment must be sent prior to the reopening of the establishment or restarting the business.

Notificaciones:

• Postal mail at the address of the interested party or at the place indicated for the purpose of notifications.
• Electronic notification by appearance, by notice through the email that appears in the application. Said notice will not have the effects of a notification until the interested party accesses its content in the  NOTI notification system.

Legislación aplicable:

• Law 14/2010 of 9 December on Tourism in Castile and Leon (BOCyL 20-12-2010), as amended by Law 1/2012 of 28 February on Tax, Administrative and Financial Measures (BOCyL 29-2-2012) and by Law 11/2013 of 23 December on Tax Measures and Restructuring of the Regional Public Sector (BOCyL 27-12-2013).
• Decree 12/2016 of 21 April regulating catering establishments in the Autonomous Community of Castile and Leon (BOCYL 25-04-2016).

Organismo:

Consejería / Centro Directivo:

• Consejería de Cultura, Turismo y Deporte
• Dirección General de Turismo

Órgano gestor:

Servicios Territoriales de Cultura, Turismo y Deporte

Información adicional:

• Entry in the Castile and Leon Tourism Register is automatic.
• It is mandatory to display a standard plaque containing the signs that certify the establishment’s classification, speciality(ies) and category next to the main entrance (in accordance with the annex). Annexes Decree Catering   Anexos Decreto Restauración (3.867 kbytes)
• The opening and closing times should be displayed in a conspicuous place, indicating when both the dining room and kitchen are open, except in the case of banqueting halls. The maximum number of people the premises can hold and a notice about the existence of complaint forms available to customers must also be visibly displayed inside the restaurant.
• Documentation relating to inspections of the premises and staff training must be kept in compliance with the relevant sectoral regulations.
• Restaurants must display their menus, including prices, in a place that is clearly visible to the public from the outside .
• Customers should be given both the food menus and lists of drinks when requested.
• Prices must be set out in a price list, as provided for in Article 30 of Decree 12/2016 of 21 April regulating catering establishments in the Autonomous Community of Castile and Leon.
• Owners of catering establishments may draw up their own internal rules, which should be made available to all customers. These rules may include, inter alia, the terms and conditions for entry, being on the premises and proper use of the facilities and services provided, as well as opening and closing times and, if different from these, the dining room and kitchen opening times. It should also set out the particular rules on admission to and remaining on the catering establishment’s premises, which may under no circumstances be discriminatory on grounds of nationality, race, sex, religion, belief or any other personal or social condition or circumstance.
• Catering establishments located in Castile and Leon are required to keep complaint forms in all of their establishments (these can be downloaded from the link under the heading ‘Related content’) in order to make them available to tourists when they request them, and to provide them with the information necessary to complete them. Information on the complaint form.

Hoja reclamaciones Empresas Turísticas (310 kbytes)

• Advertising in any form, marketing, correspondence and any other documentation relating to the establishment where the catering services are provided must all indicate, in such a way as not to be misleading, the category of the establishment and its registration number in the Castile and Leon Tourism Register. Advertising for the establishment should also state the terms and conditions for bookings.
• Owners of catering establishments may decide whether or not to allow pets on the establishment. If pets are not allowed, a sign stating this must be displayed and must be visible from the outside. Guide dogs accompanying visually-impaired persons are to be admitted, in accordance with the legislation in force.

Protección de los datos de carácter personal:

Factsheet on the processing of personal data (14 kbytes)