Japan Restaurant Business Permit: Process, Standards and Documents

To open a restaurant, you need a “restaurant business” (飲食店営業) permit from the public health centre (保健所) with jurisdiction over the premises. You consult the centre with floor plans before fit-out work, apply before completion, and the permit is issued once the premises pass a facility inspection. You must also appoint a food sanitation supervisor and manage hygiene in line with HACCP. There are no restrictions based on the owner’s nationality.

When you need a restaurant business permit

Under the Food Sanitation Act, a restaurant business permit is required for any business that prepares food and serves it to customers. This covers restaurants, cafés, izakaya, bars, mainly takeaway outlets and similar businesses.

An amendment that took effect on 1 June 2021 reorganised the business categories that require a permit. The former coffee shop business category has been folded into the restaurant business category. At the same time, a notification system was introduced for certain business types that do not need a permit, and in principle all food businesses became obliged to manage hygiene in line with HACCP.

• A permit is required for each premises (facility). When you open a second location, you obtain a permit for that location too.
• If you operate a food truck, a separate permit is required for that vehicle.
• If you sell or wholesale cakes or bread made on the premises separately from serving them in the restaurant, a different permit, such as a confectionery manufacturing permit, may be required.

How to obtain a restaurant permit: the application process

1. Check the property and consult in advance: take the floor plan and equipment layout to the public health centre for a consultation. The basic rule is to do this before fit-out work begins.
2. Appoint a food sanitation supervisor: designate one person for each premises. If they have no qualification, they attend a training course.
3. Apply for the permit: before the scheduled completion date of the works, submit the application form and supporting documents and pay the fee. As well as applying at the counter, you can apply through the national Food Sanitation Application System (食品衛生申請等システム).
4. Facility inspection: public health centre staff visit the premises to check that it matches the plans and meets the facility standards. If there are deficiencies, they re-check after the improvements are made.
5. Permit and opening: start trading only after the permit has been issued. Display the permit certificate in a clearly visible place in the premises.

When to apply and how many days it takes to issue the permit certificate vary by public health centre. The usual sequence is to apply before the facility is complete and to be inspected after completion. Check the recommended application timing in the centre’s guidance and plan your schedule backwards from the opening date.

Main documents required

Facility standards for a restaurant permit

Facility standards are set by prefectures and other local governments by ordinance, with reference to the standards laid down by national ministerial ordinance. Detailed treatment varies by local government, so confirm it during the advance consultation. The main items are as follows.

• Hand-washing facilities: dedicated to staff, with running water, equipped to wash and disinfect hands and fingers, and provided in the required number
• Washing facilities: running-water facilities for washing tableware and utensils, of sufficient size and number
• Refrigeration and freezing: able to store food at appropriate temperatures, with thermometers to check them
• Separation: the kitchen is separated from the seating area and other spaces, and unauthorised people do not enter
• Floors, walls and drainage: easy-to-clean materials with good drainage
• Ventilation and lighting: adequate ventilation and brightness
• Pest control: measures to prevent rats, mice and insects from entering
• Water supply: water fit for drinking is used
• Toilets: located where they do not affect the kitchen, with dedicated hand-washing facilities

Points to note for fitted-out premises

Even if the previous restaurant held a permit, it cannot be transferred to you. If the operator changes, a new permit is in principle required. Whether the equipment meets current standards will also be checked again. Having the public health centre look at the plans before you sign the lease gives you peace of mind. If additional hand-washing facilities or repairs to floors and walls are needed, this will affect construction costs and the opening date.

Food sanitation supervisors and HACCP-based hygiene management

Each premises must have one food sanitation supervisor (食品衛生責任者). People with qualifications such as a licensed cook or dietitian can take on the role as they are. If you have no such qualification, attend a training course run by an organisation designated by the local government. In Tokyo, the Tokyo Food Sanitation Association runs these courses.

Hygiene management in line with HACCP involves preparing a hygiene management plan, making sure staff know it, and recording and keeping records of how it is implemented. Small restaurants can rely on guidance manuals prepared by industry associations and checked by the national government. The plan should cover routine hygiene, such as hand washing and cleaning utensils, and how cooking and cooling are checked for each menu item. Keep records every day and store them so that you can show them when the public health centre asks. Implementation is checked during on-site inspections by the public health centre and at permit renewal.

The local government sets the permit’s validity period, which must be no shorter than five years. Check the renewal date on the permit certificate and complete the procedure before it expires.

Whose name the permit is in, and notifications after approval

The permit is issued in the name of the person (individual or corporation) who actually operates the business. If you obtain a permit as an individual and then incorporate a company and transfer the business to it, the business operator changes, so in principle a new permit must be obtained in the company’s name. If you plan to run the restaurant through a company, it is more efficient to complete incorporation first and apply in the company’s name.

Even after the permit is granted, you must notify the public health centre in cases such as the following.

• When the company’s name, address or representative changes
• When the food sanitation supervisor changes
• When you change the structure of the premises or its main equipment (consult in advance before major renovations)
• When you close the business (notification of closure)

Other procedures required before opening

Decisions on late-night trading and customer entertainment also affect your choice of property. For details, see restaurants that need a licence under the Entertainment Business Act and types of liquor sales licence and requirements. Since April 2020, under the amended Health Promotion Act, smoking indoors in restaurants has in principle been prohibited. If you set up a smoking room, it must meet the standards and display the required signs.

Common mistakes before opening

• Signing the lease or ordering fit-out work first, and only then being told that hand-washing facilities or sinks are inadequate
• Taking the permit in an individual’s name and having to obtain it again when switching to a company
• Leaving the fire department notification and the appointment of a fire prevention manager until just before opening

Recording what was discussed and pointed out during the advance consultation, with dates, helps when coordinating with your fit-out contractor.

Points for foreign owners and foreign-capital businesses opening a restaurant

• Status of residence: there is no nationality requirement for the permit, but to work in Japan as a business owner you need a status of residence (在留資格) such as Business Manager.
• Property: check that the lease permits use as a restaurant and that there are no restrictions on exhaust or odours.
• Language: application documents, training courses and dealings with the public health centre are in Japanese. Have someone available who can handle matters in Japanese.
• Hiring chefs: chefs of foreign cuisine are covered by the Skilled Labor (技能) status of residence, which in principle requires ten years or more of practical experience. If you want staff to handle a wide range of front-of-house and kitchen work, the Specified Skilled Worker (food service) status is another option. For the requirements, see requirements for hiring Specified Skilled Workers.
• International students working part-time: they may work within the scope of their permission to engage in activities other than those permitted (in principle, up to 28 hours a week).

How TIMOA can help

A restaurant permit is obtained through advance consultation, application and facility inspection. It is important to check the facility standards before fit-out work and to proceed with fire and police filings in parallel. For foreign owners, status of residence and property conditions also need to be put in place at the same time.

Working with partner administrative scriveners (行政書士) and labor and social security attorneys (社会保険労務士), TIMOA supports you from incorporation and property checks to preparing the permit application and related filings and completing employee hiring procedures. For details, see our Permits & Financial Licenses page.