Publication date: 10.07.2024
The procedure for obtaining a hotel licence
The hotel business is one of the most promising sectors in the tourism and hospitality industry. Opening a hotel requires compliance with numerous legal requirements, including obtaining a licence. A hotel licence is a mandatory document certifying the right of a business entity to provide hotel services. In this article, we will review the main stages of obtaining a hotel licence in Ukraine, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The process of obtaining a hotel operating licence in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Tourism":
- Defines the legal, organisational and social framework for tourism activities, including hotel services, and establishes requirements for tourism entities and their responsibilities.
Law of Ukraine "On Licensing of Economic Activities":
- The main law regulating the licensing of economic activities, including hotel activities. It defines the general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
TheLaw of Ukraine "On Ensuring Sanitary and Epidemiological Welfare of the Population":
- Establishes requirements for sanitary and epidemiological control in hotels, and the rights of consumers to safe living conditions.
Law of Ukraine "On Consumer Protection":
- Defines the legal framework for the protection of consumer rights, including those of hotel clients, establishes consumer rights, obligations of service providers, and the procedure for handling complaints and resolving consumer disputes.
Law of Ukraine "On the Basic Principles of State Supervision (Control) in the Field of Economic Activity":
- Sets out the procedure for state supervision and control over compliance by business entities with legal requirements.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and hotel establishments, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Labour Code of Ukraine (Labour Code):
- Regulates labour issues in the hospitality industry, establishes the rights and obligations of employers and employees.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Rules for the Provision of Hotel Services":
- Determines the procedure for the provision of hotel services, sets out requirements for the quality of services, rights and obligations of suppliers and consumers.
Types of hotel licences
Hotel licences may include several types, depending on the nature of the services and the category of the hotel:
Hotel operating licence:
- A basic licence that allows the provision of accommodation services in hotels and other similar establishments.
Licence for additional services:
- Includes licences for the provision of additional services, such as catering (restaurants, cafes), wellness services (spas, swimming pools), entertainment services (clubs, bars).
Licence to operate in nature protection zones:
- Includes licences for the provision of hotel services in nature protection zones, national parks and reserves.
Requirements for applicants
In order to obtain a hotel licence, a business entity must meet a number of requirements set out in the legislation. The main requirements include:
Organisational and legal form:
- A hotel operating licence can be obtained by legal entities and individual entrepreneurs registered in accordance with the laws of Ukraine.
Material and technical base:
- The business entity must have the necessary material and technical base for carrying out hotel activities, including premises, equipment and tools that meet the established standards.
Compliance with sanitary and technical standards:
- Premises and equipment must meet the sanitary and technical standards established by law.
Staff qualifications:
- The business entity must have qualified employees who have the necessary knowledge and experience to provide hotel services.
No criminal record:
- The managers and employees of the business entity must not have any convictions for serious crimes, crimes against property, life and health, as well as other crimes provided for by law.
The procedure for applying for a licence
The procedure for applying for a hotel licence includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- An application for a licence in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate (for individual entrepreneurs).
- Documents confirming the availability of the material and technical base (lease agreements for premises, equipment acceptance certificates, etc.)
- Documents confirming compliance with sanitary and technical standards (conclusions of the sanitary and epidemiological service, technical certificates, etc.)
- Qualification documents of employees (diplomas, certificates, work experience certificates, etc.).
- An application for a licence in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the licensing authority, which is the Ministry of Economic Development and Trade of Ukraine or another competent authority depending on the type of hotel activity. Documents can be submitted in person, by mail or electronically through specialised portals.
Consideration of theapplication:
- The licensing authority considers the application and checks whether the applicant meets the established requirements. This includes verification of the submitted documents and a possible on-site inspection at the place of business.
Making a decision:
- Based on the results of the inspection, the licensing authority makes a decision to grant or refuse a licence. In case of a positive decision, the applicant is issued a licence. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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