Singapore Legal Advice Restaurant

To learn more, check out our gui­de to app­ly­ing for halal cer­ti­fi­ca­ti­on for your restau­rant. The pro­cess of ope­ning a restau­rant is clear­ly a regu­la­to­ry mine­field. The time and effort you have to put into paper­work befo­re a pen­ny walks into the door can poten­ti­al­ly be qui­te intimi­da­ting. A cus­tom is an estab­lis­hed prac­ti­ce or beha­viour that the peop­le invol­ved in it con­si­der to be law. Cus­toms has the for­ce of law only if it is reco­gni­zed in a case. “Legal prac­ti­ces” or “com­mer­cial prac­ti­ces” are not reco­gni­zed as law unless they are safe and not inap­pro­pria­te or ille­gal. [87] In Sin­g­a­po­re, cus­toms legis­la­ti­on is a secon­da­ry source of law, as few cus­toms aut­ho­ri­ties are judi­cial­ly reco­gni­zed. You would have to set up a busi­ness to own the restau­rant. This will make your life easier later on, espe­cial­ly when it comes to hiring employees and paying taxes, not to men­ti­on limi­t­ing your own lia­bi­li­ty in case the restau­rant turns out to be an unsuc­cess­ful business.

We also invi­te you to watch a video on set­ting up a restau­rant in Sin­g­a­po­re: The first step to ope­ning a restau­rant in Sin­g­a­po­re is to regis­ter a com­pa­ny with the com­mer­cial regis­ter and then sub­mit the app­li­ca­ti­ons to start ope­ra­ti­ons. To set up a restau­rant, for­eign inves­tors must hire a local ser­vice agent or law firm in Sin­g­a­po­re to com­ple­te the com­pa­ny regis­tra­ti­on pro­cess. The selec­tion of pre­mi­ses and equip­ment for the restau­rant are also steps to fol­low befo­re app­ly­ing for spe­cial licen­ses issued by the Natio­nal Envi­ron­ment Agen­cy (NEA). If the site has alrea­dy been appro­ved for use as a restau­rant, you do not need to app­ly for a buil­ding per­mit. You must agree with your future owner that you can do any necessa­ry reno­va­tions to the pre­mi­ses to com­ply with this code befo­re you can start ope­ra­ting your restau­rant. If you need help app­ly­ing for licen­ses or other busi­ness ser­vices for your restau­rant, plea­se con­ta­ct us. For­eign inves­tors who want to set up a busi­ness in the tou­rism sec­tor can set up hotels and tra­vel agen­ci­es in Sin­g­a­po­re. Howe­ver, ano­t­her safe opti­on is to set up a restau­rant in Sin­g­a­po­re. To open a restau­rant, an inves­tor must com­ply with local legis­la­ti­on, which can be exp­lai­ned by our lawy­ers in Singapore.

Befo­re ope­ning your restau­rant, you need to deci­de if you want to ser­ve alco­hol or beco­me halal cer­ti­fied. You don‘t have to do one or the other, but depen­ding on your restaurant‘s loca­ti­on and tar­get mar­ket, the­re may be stra­te­gic busi­ness bene­fits to doing eit­her. Sin­g­a­po­re joi­ned the Fede­ra­ti­on of Mala­ya on 16 Sep­tem­ber 1963 and cea­sed to be a colo­ny of the Bri­tish Empi­re. The legis­la­ti­on was deve­lo­ped through the enact­ment of the Malay­si­an Act 1963 (United Kingdom),[57] the Sabah, Sara­wak and Sin­g­a­po­re (Sta­te Con­sti­tu­ti­ons) Order 1963,[58] and the Malay­si­an Act 1963 (Malay­sia). [59] The Coun­cil Regu­la­ti­on of 1963 pro­vi­ded that all laws in for­ce in Sin­g­a­po­re would con­ti­nue to app­ly, sub­ject to such modi­fi­ca­ti­ons, adap­t­ati­ons, limi­ta­ti­ons and excep­ti­ons as might be necessa­ry to bring them into con­for­mi­ty with the new Con­sti­tu­ti­on and the Malay­sia Act. [60] As Sin­g­a­po­re was now a sta­te in a lar­ger fede­ra­ti­on, the Legis­la­ti­ve Assem­bly of Sin­g­a­po­re was trans­for­med into the Sin­g­a­po­re legis­la­tu­re, which had the power to legis­la­te only on cer­tain mat­ters con­tai­ned in the Malay­si­an Federal Con­sti­tu­ti­on. Arti­cle 75 of the Federal Con­sti­tu­ti­on also pro­vi­des: “If a law of the Land is incom­pa­ti­ble with a federal law, the federal law pre­vails and the law of the Land is void to the extent of the incom­pa­ti­bi­li­ty.” The­re are a num­ber of com­pa­ny vehi­cles in which you can set up your restau­rant. Howe­ver, for most restau­rants, a simp­le limi­ted lia­bi­li­ty com­pa­ny might be ide­al. The food store licen­se is the big­gest and big­gest obsta­cle to ope­ning your restau­rant. It may take a few weeks or mon­ths to obtain this licen­se, depen­ding on how long it takes you to reno­va­te the pre­mi­ses to the satis­fac­tion of the Sin­g­a­po­re Food Agen­cy (SFA). Here you can app­ly for the Food Shop license.

Once you have the licen­se, you can open your restau­rant legal­ly. The gro­ce­ry store licence must be rene­wed annu­al­ly. Ope­ning a new restau­rant in Sin­g­a­po­re requi­res mee­ting an impres­si­ve num­ber of regu­la­to­ry requi­re­ments. This pro­bab­ly means you‘ll need to work with a varie­ty of government agen­ci­es that car­ry a varie­ty of acro­nyms such as NEA, SFA, URA, HDB, IRAS, MOM, CPF, ACRA, MUIS, SCDF, and SPF. On the other hand, the courts are reluc­tant to inter­pret the Con­sti­tu­ti­on of the Repu­blic of Sin­g­a­po­re (1985 Rev. Ed., 1999 Reprint) to exami­ne for­eign legal docu­ments on the basis that a con­sti­tu­ti­on should be inter­pre­ted pri­ma­ri­ly wit­hin its four walls and not in the light of ana­lo­gies from other legal sys­tems; And becau­se eco­no­mic, poli­ti­cal, social and other con­di­ti­ons abroad are per­cei­ved as dif­fe­rent. Mea­su­res to restrict appeals to the Pri­vy Coun­cil were first taken in 1989. This year, the Act was amended[74] so that appeals to the Pri­vy Coun­cil in a civil case are admis­si­ble only if all par­ties have agreed to such an appeal befo­re the Court of Appeal hears the case. In cri­mi­nal mat­ters, an appeal to the Pri­vy Coun­cil can only be lod­ged in the case of the death penal­ty and if the jud­ges of the Court of Appeal for cri­mi­nal mat­ters do not deci­de unanimously.