The current legislation supporting this initiative is Decree-Law No. 10/2015 of 16 January (RJACSR - Legal Framework for Access and Exercise of Trade, Services and Restaurant Activities). This decree replaced the original standard that approved "zero licensing" - Decree-Law No. 48/2011 of 1 April.
In most situations, the RJACSR allows the opening of a cafe or restaurant in Portugal by simply submitting a prior communication and paying the respective fees.
If there is a compatible usage license for the premises for Restaurant or Bar activity and the structural and functional requirements are met, it will be possible to open establishments, regardless of whether an inspection is carried out.
Although it is simpler and faster to obtain an opening permit, the level of demand and compliance with requirements has not decreased. Essentially, the responsibility is assumed by the owner or economic agent, increasing supervision by administrative bodies (City Council and ASAE) a posteriori. In this sense, it is important for anyone wishing to start a business to know the laws and regulations that govern it before proceeding with leases, purchasing materials and equipment, carrying out works, etc.
Another legal diploma to be taken into account, especially when works are carried out, will be Decree-Law No. 555/99 of 16 December, amended and republished by Decree-Law No. 26/2010 of 30 March, which establishes the Legal Regime for Urbanisation and Building (RJUE). This standard is also invoked whenever the municipality requires a change to the usage license of the building or fraction.
The third and most specific legislative axis consists of Ordinance No. 215/2011 of 31 May, which establishes the requirements relating to the facilities of restaurant and bar establishments, their operation and classification regime.
Requirements for restaurant and bar establishments – Establishes the structural and functional requirements that these establishments must have (kitchens, pantries, sanitary facilities, areas for users, among others).
In addition to the above-mentioned standards, we must also consider Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs. This diploma establishes the general rules regarding food hygiene, and one of the most important aspects defined therein is the obligation for food business operators to apply Hazard Analysis and Critical Control Points procedures based on HACCP principles.
Ancillary legislation applicable to the restaurant and bar sector
- Legal Regime for Fire Safety in Buildings (RJ-SCIE) - Decree-Law No. 220/2008 of 12 November
- General Regulation on Health and Safety at Work in Commercial Establishments, Offices and Services - Decree-Law No. 243/86, of 20 August
- General Noise Regulation in Buildings - Decree-Law No. 9/2007, of 17 January, amended by Decree-Law No. 278/2007, of 1 August
- Legislation on copyright (e.g. background music or the existence of television in the establishment)
- PDM: Municipal Master Plan (buildings constructed from scratch)
- Municipal regulations (e.g. occupation of public roads by outdoor seating areas)