Opening licenses - Cocktail bar / Nightclub

LICENCES

May 3

Written By Francisco Javier Muñoz Fuentes

If you are thinking of opening a nightclub or a cocktail bar, there are surely many aspects that you should take into account and you do not know where to start: create a name and a logo, find a place in a suitable area for your clients, find out about suppliers, hiring staff, establishing a marketing plan and, finally, the legal aspects.

In this post we are going to try to solve all the doubts you may have about how to process the opening / activity license for your nightclub or cocktail bar. However, if after reading it, you have any questions about it, we recommend that you read our post: Opening licenses: everything you need to know

WHAT ARE THE REQUIREMENTS?

The first requirement that must be taken into account will be the urban regulations. Municipal planning establishes a series of permitted uses and specific rules depending on the location of the property, so the first step before buying or renting a place to open our cocktail bar or disco, will be to verify that this use is allowed by urban regulations.

In addition to this, there are a series of requirements that we are going to group as follows:

Minimun Stays

In general, you must have an area for the public (which will be larger or smaller depending on the total area of the premises), a storage area and at least one accessible toilet (depending on the area of the premises it will be possible to have a single unisex toilet or toilets separated by gender).

Accessibility Regulations

The most relevant aspects of this regulation that must be taken into account are:

There must be at least one accessible access to the premises. In the event that there is unevenness between the exterior pavement and the premises, it must be saved by means of a ramp or other technical aids (such as lifting platforms).
The floor of both the access ramp and the entire premises must be non-slip.
The openings and doors must be more than 80cm wide.
The corridors must be at least 1.00m wide, and there must be turning areas (with a free diameter of 1.50m) at certain points such as the lobby, in corridors of more than 10m in length, in front of the elevator ( in your case) and so on.

Acoustic Isolation

Having construction elements with sufficient acoustic protection is a fundamental element, given the concurrence of this type of premises and the noise they usually generate.

Depending on the noise pollution and the area in which the premises are located, the maximum permitted decibels must be respected and, in addition, the existence of a watertight vestibule at the access to the premises that has a double door may be required to minimize the transmission of noise to the outside.

Fire Protection

The requirements regarding fire protection facilities may vary depending on the useful area of the premises, but in general we can say that there must be at least one extinguisher located every 15 meters, emergency lighting and exit signs.

In this type of use, in addition, it will be especially important regarding the emergency exits and is that depending on the capacity you have planned for your premises, it must have doors up to 7 meters wide (in some cases), and the number of adequate exits depending on the route and capacity.

Ventilation

As for ventilation, this may be natural (through openings in doors, windows or grilles in facades and patios) or forced (through motors and ventilation ducts with impulsion and extraction intakes). In any case, you must ensure that there are around 6 air changes per hour.

You must bear in mind that if your premises can be ventilated naturally (mainly through windows) it will be more difficult to obtain the appropriate level of acoustic insulation since the sound from the amplifiers inside the premises will also pass through these windows.

Others

Remember that there are different regulations at the state level that you will also have to obtain, such as the license that allows the sale of alcohol or tobacco.

In addition to this, in relation to music, you must remember that, if you use protected works in your premises, you need the authorization of copyright. Since it is practically impossible to get the copyright of each and every one of the songs that you want to put in the disco, the SGAE has a repertoire that contains most of the songs that can be played in a disco. Therefore, you must obtain the license that allows you to use the musical repertoire through any medium.

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WHAT IS THE PROCEDURE?

In the event that the premises meet all the requirements and it is not necessary to carry out renovation works, the procedure to be followed consists of preparing an activity project (which must be signed by an architect) describing the activity to be carried out on the premises, the facilities and machinery to be used, justifying compliance with all applicable regulations and providing plans for all of this.

In addition to this, you should know that the use of Nightclubs and Party Rooms is subject to the environmental qualification procedure according to Law 7/2007, of July 9, on Integrated Environmental Quality Management. In order to obtain this environmental qualification, a technical project must be carried out in which the activity, machinery and equipment to be used, materials used, environmental risks must be carried out, and it must be justified that the project does not imply an environmental risk or have a polluting nature.

Once this project has been carried out, the form of administrative authorization will be through a declaration responsible for activities (document in which it is declared that all the requirements are met or to start the activity and that it does not need a response from the Administration, therefore that this can be started from the moment of its presentation).

Documentation necessary to present the responsible declaration: (may vary slightly depending on the municipality)

Responsible declaration form.
Identification of the holder (photocopy of DNI if it is natural persons).
Document certifying the availability of the use of the establishment (lease contract, for example).
Documentation related to the viability of urban use
Activity project.

If you have any questions about the procedure, it is extensively explained in our post: Opening licenses: everything you need to know and, in any case, you can contact us for any clarification or request for a quote without obligation. We will be happy to help you! .

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