Business Operating Licences in Switzerland
Many commercial activities are subject to an operating licence issued by cantonal or municipal authorities. These licences aim to guarantee public safety, consumer protection, compliance with hygiene standards and conformity with professional regulations. PBM Avocats assists entrepreneurs in Geneva and Lausanne in obtaining, defending and challenging these licences.
Main Operating Licences Required in Switzerland
| Sector | Required Licence | Legal Basis (GE / VD) |
|---|---|---|
| Restaurants, cafés, bars | Beverage sales licence | LRDBHD (GE) / LRDBH (VD) |
| Hotels and accommodation | Tourist accommodation licence | LRDBHD (GE) |
| Travel agencies | Bond + registration | Federal Act on Package Travel |
| Private security services | Surveillance licence | Cantonal laws |
| Healthcare establishments | Medical / pharmaceutical licence | LS (GE) / LSP (VD) |
| Massage and wellness parlours | Varies by canton | Cantonal laws |
The Geneva LRDBHD: The Café-Restaurant Licence
In Geneva, the Act on Restaurants, Beverage Sales, Accommodation and Entertainment (LRDBHD) of 19 March 2015 governs the operation of public establishments. The main points:
- Types of establishments subject to the Act: restaurants, cafés, cocktail bars, nightclubs, hotels, bed & breakfasts, recreational casinos, etc.
- Personal conditions: Swiss nationality or valid residence permit, legal age, intact civil rights, no relevant criminal record, certified professional qualifications
- Premises conditions: compliance with hygiene standards, fire safety, accessibility for persons with disabilities, conformity with the zoning regulations
- Competent authority: Trade Office of the Department of Economics and Employment (DEE)
Required Professional Qualifications
To operate an establishment subject to a licence in the hospitality sector, professional qualifications are required. They may be demonstrated through:
- A professional diploma in hospitality or hotel management (VET certificate, federal certificate)
- A certificate of competence for café-restaurant operators (5-day course)
- Certified professional experience in the field (depending on the canton)
Application Procedure for an Operating Licence
- Filing the application: application form, identity documents, criminal record extract, professional competence certificate, floor plans, commercial lease
- Investigation: the authority verifies the legal conditions and may request additional documents
- Inspections: the premises may be inspected by the competent services (hygiene, fire brigade, SUVA)
- Decision: grant, refusal or conditional grant of the licence
- Processing time: variable, often 1 to 3 months
Sanctions and Revocation of the Licence
In case of violations of operating conditions, the authority may impose graduated administrative sanctions:
- Formal warning
- Administrative fine
- Temporary suspension of the licence
- Definitive revocation of the licence
Any sanction must comply with the principle of proportionality and the legal procedure (right to be heard, reasoned decision). An appeal is always available against a refusal or revocation decision, before the competent administrative and judicial authorities.
Which businesses require an operating licence in Geneva?
In Geneva, the LRDBHD (Act on Restaurants, Beverage Sales, Accommodation and Entertainment) requires authorisation for all public establishments: restaurants, cafés, bars, hotels, nightclubs, entertainment venues. Other businesses may require a licence depending on their activity: travel agencies, security companies, massage parlours, etc.
What are the conditions for obtaining a café-restaurant licence in Geneva?
The main conditions under the Geneva LRDBHD include: being of legal age, having civil rights, not having a serious criminal conviction, having the required professional qualifications (hospitality training or certified experience), complying with hygiene, fire safety and accessibility standards. The premises must also comply with building regulations.
Can an operating licence be transferred?
In principle, operating licences are granted to a specific natural or legal person and are not automatically transferable. In case of a change of owner or operator, a new licence application must be filed. In certain cases, a transitional period may be granted to allow continuity of operation while the new application is being processed.
What should I do in case of a refusal to grant an operating licence?
In case of refusal, you have a right of appeal (generally 30 days) to challenge the decision before the competent appeal authority. In Geneva, the appeal is heard by the Administrative Chamber of the Court of Justice. The refusal decision must be reasoned. It is advisable to consult a specialist lawyer to assess the chances of success of an appeal and any corrective measures.
Can an operating licence be revoked?
Yes. An operating licence may be suspended or revoked in case of serious violations of operating conditions, non-compliance with legal standards (hygiene, safety, protection of minors), criminal convictions, or operation contrary to public order. The revocation must comply with the principle of proportionality and the legal procedure (right to be heard).