A Licence IV, or fourth-category drinks outlet licence, is essential for serving alcoholic beverages in a bar, restaurant or other on-premises drinking establishment. It is particularly popular, as it allows you to offer a wide range of alcoholic beverages, from wine to the strongest spirits. However, there are strict rules for obtaining it. Here is a detailed guide to help you understand the necessary steps and avoid the pitfalls.
1. What is a License IV
The Licence IV authorises the sale of drinks belonging to groups 4 and 5 according to the legal classification:
- Group 4 Rum, distilled spirits and liqueurs.
- Group 5 All other alcoholic beverages not included in the above groups.
It is compulsory for any establishment wishing to sell these drinks for consumption on the premises, whether it is a bar, restaurant or discotheque. It does not cover takeaway sales, which require a separate licence.
2. Conditions for obtaining a Licence IV
There are several conditions for obtaining a Licence IV:
- Be of legal age or an emancipated minor.
- Not have been banned from carrying on a commercial activity following a court conviction.
- Undergo compulsory training on preventing and combating alcoholism, and on the regulations governing public houses. This training is provided by approved organisations and lasts around 20 hours.
3. Where can I find a Licence IV?
Unlike other licences, it is not possible to create a Licence IV. The number of such licences is limited per municipality, according to the numerus clausus principle. This means that :
- You must buy an existing licence to a business that ceases trading.
- The transaction must be validated by the town hall where your establishment is located.
The price of a Licence IV can vary considerably depending on demand and location. For example, licences in Paris or on the Côte d'Azur can fetch high prices because of the high demand.
4. Administrative formalities
Once the Licence IV has been acquired, a number of administrative formalities need to be completed:
- Prior declaration at the town hall You must declare the opening or transfer of your establishment at least 15 days before you start trading.
- Transfer authorisation If you are transferring a licence from one municipality to another, you need the agreement of the prefect.
- Regulatory display Signs must be displayed in your establishment stating that the sale of alcohol to minors is prohibited, as well as opening times.
5. Comply with local regulations
Some local authorities impose specific restrictions on the use of IV Licences. For example :
- Town planning regulations Certain areas may restrict the opening of public houses, particularly near schools or places of worship.
- Operating hours Check the prefectoral decrees governing authorised opening hours.
Failure to comply with these rules may result in sanctions or even withdrawal of the licence.
6. Alternatives to a Licence IV
If you are unable to obtain a Licence IV, there are other options to consider:
- Licence III Group 3 alcohol: This is used to sell group 3 alcohol (wine, beer, cider). It is easier to obtain and often sufficient for a restaurant.
- Restaurant licence For establishments serving drinks only with meals.
These alternatives offer greater flexibility, but limit the type of drinks on offer.
Why use a lawyer specialising in business law?
Acquiring and using a Licence IV requires specialised legal support:
- Securing the buyback A lawyer specialising in business law can check the validity of the licence and draw up a clear assignment contract.
- Compliance with formalities It ensures that declarations are respected and that local regulations are complied with.
- Dispute management In the event of a dispute with the Town Hall or a third party, your lawyer can defend your interests.
Whether your establishment is located in Paris or Nice, legal advice is essential to avoid unpleasant surprises.
Conclusion
Obtaining a Licence IV is a crucial step in running a drinks establishment. Between the conditions of acquisition, the administrative formalities and compliance with local regulations, the process can be complex. Calling on the services of a lawyer specialising in business law will help you secure this process and get your business up and running in the best possible conditions.
If you need legal assistance to obtain a Licence IV, contact our firm in Paris or Nice. We will be happy to advise you and defend your interests.
