▷ Opening a bar in 2026: the bar-restaurant regulation

Any coffee or The coffee shop is considered an ERP : an establishment open to the public.

Even a small room with little seating is affected.

ERPs are classified into 5 categories according to their ability.

The first category concerns the establishments that welcome the greatest number of people, while the fifth category brings together the establishments that welcome a more limited audience.

In fact, most of independent coffee shops fall into the fifth category.

Opening a bar in 2026: the bar-restaurant regulation

This distinction is important because administrative obligations and control procedures may vary depending on the category of establishment.

ERP 5th category: an important specificity to know

5th category cafeterias without sleeping area (accommodation) they are not subject to the prior opening authorization issued by the safety commission before the operation.

In other words, unlike some larger ERPs, the opening takes place without the systematic and preventive passage of the commission.

But be careful: this absolutely does not mean that regulatory obligations disappear.

The competent services can therefore intervene retroactively in the context of:

an unannounced inspection;
a relationship;
administrative control;
or an audit related to the operation of the premises.

So stay essential From make sure upstream of effective conformity of the premises and systems.

In practice, many project leaders think – mistakenly – that the absence of prior authorization means the absence of regulatory risk.

However, if non-compliance is found after opening, the consequences can be significant:

fulfillment requests;
additional work;
restrictions on exploitation;
or even administrative closure in the most extreme cases.

AS, the absence of prior authorization never exempts you from compliance with the ERP regulations.

Establishments must allow access for people with reduced mobility.

This concerns in particular:

access;
circulation;
passage widths;
some healthcare equipment.

Depending on the configuration of the premises, the work can be relatively simple or much more complex.

This is why it is essential to analyze accessibility constraints before signing the rental contract:

check whether PMR compliance has already been carried out;
ensure that it remains compliant with current regulations;
study the possibilities of exemption when this is possible depending on the configuration of the place and the policy of the municipality.

Minimum obligations generally include:

of fire extinguishers ;
A adapted signage ;
of emergency exits freedS ;
AND security log ;
safety lighting.

In some cases an upgrade to electrical standards or ventilation work may also be necessary.

This is a topic that is often overlooked when looking for premises. However, some ERP constraints can quickly generate significant costs even before opening

Before opening, several administrative formalities will have to be completed.

The activity must be declared through the INPI One-Stop Shop.

The choice of legal status directly influences:

taxation;
the social protection of the manager;
and therefore financing.

Any operation of a point of sale of alcoholic beverages must be declared to the Municipality at least 15 days before opening.

This step remains essential even for a small business.

Companies that deal with food must also be declared to the DDPP.

This formality allows in particular the organization of health checks.

During open a coffee shopTHE development work they are often not limited only to the interior of the premises.

All modification visible from the outside may require prior administrative authorization.

This concerns in particular:

a change of brand;
a window modification;
setting up a tent;
facade works;
or even a simple change of external color in some municipalities or protected areas.

Depending on the case, prior authorization from the Municipality may be necessary, especially in sectors subject to specific urban planning or heritage protection regulations.

When the premises are located in a condominium building or in rented commercial premises, other agreements may also be essential:

landlord’s authorization ;
co-ownership authorization (compliance with building regulations).

These approaches are often discovered late by project leaders, sometimes once work has begun.

However, some changes made without permission can result in:

a request for restoration;
disputes with the landlord or co-ownership;
or even administrative sanctions.

👉 Before any external modification project, it remains essential check the necessary permissions by the Municipality, the owner and possibly the co-ownership to advance them, if necessary.

A terrace installed in the public domain requires a municipal authorization.

This authorization generally takes the form of an AOT: Temporary Occupancy Authorization.

The possibilities of obtaining authorization as well as the cost strongly depend on the municipalities and the location.

In some busy areas, the amount can become significant.

Sometimes it is not useful to worry about obtaining authorization before opening, to the point of wasting precious time, but to proceed once the establishment has opened.

Music distribution: SACEM and SPRE

As soon as a venue plays music, even just in the background, you have to pay for the rights.

Two organizations are involved:

For a small bar the annual budget often amounts to several hundred euros.

Several organizations may be involved in the daily operation of a bar or coffee shop.

The DDPP

Mainly check: