What is the legal difference between a bar, restaurant and café?

Every year, consulting firm UVE presents a report analysing the reality of the Horeca sector (accommodation, restaurants, bars, cafés, leisure and social catering). The UVE Data Market Horeca 2023 confirms the good health of a key segment of the Spanish economy, highlighting that the total number of open establishments has grown by 0.6% compared with the previous year. 

Among the data broken down in the report, the 2.7% increase in the number of restaurants stands out, bringing the total to 100,872. In contrast, bars and cafés have seen a 2.2% decline, with a total of 128,714 active establishments. 

Today, we are going to clarify the differences between bars, restaurants and cafés, which are revealed in the legal regulations governing each one and determining the type of activity they may carry out. Would you like to know what they are? We explain them below. 

What laws set out the similarities and differences between a bar, restaurant and café?   

Spain has a wide variety of regulations for bars, restaurants and cafés. In addition to laws common to the whole country, there are specific regulations for each autonomous community and municipality. All of these include the rules that show the differences between a bar, restaurant and café. 

During the second half of the 20th century, national legislation began to be developed to regulate activity throughout Spain, with nationwide laws such as the Order of 17 March 1965 on the Tourist Regulation of Restaurants and the Order of 18 March 1965 on the Tourist Regulation of Cafés, which have now been repealed. They served as the basis for developing all subsequent regulations in the sector. 

Growing concern about hygiene in establishments also led to specific regulations such as Royal Decree 3484/2000, focused on hygiene rules for the preparation, distribution and sale of prepared foods, which is also no longer in force. Today, as mentioned above, autonomous communities and municipalities are responsible for establishing the specific rules for each activity, although there are general laws that apply throughout the national territory and remain in force:

• Royal Decree 1021/2022, which regulates hygiene requirements for the production and marketing of food products in retail trade. 
• Law 10/2024 on accessibility. It regulates the conditions that all commercial establishments must meet to promote accessibility for people with disabilities. 
• Royal Decree 513/2017, concerning fire protection. 
• European Regulation 1169/11, focused on food safety and which, among other points, requires establishments to inform customers who request it about the entire food preparation, handling and serving process.

Municipal councils and autonomous communities, meanwhile, establish their own rules, which also include certain specific features relating to each business model and set differences in aspects such as administrative requirements or establishment opening hours, among others.

What differences does Spanish legislation establish between a bar, restaurant and café?

The key aspects that show the differences between these businesses are set out not only in the nuances contained in state, regional and municipal legislation, but also in the different types of operating licence that each establishment must hold to operate in one line of business or another. 

With this in mind, and according to the provisions of the legal regulations, we find the following differences between a bar, restaurant and café: 

1. Products that may be consumed on the premises

The type of opening licence held by each establishment determines the drinks and food that may be consumed there. In this regard, legislation states that:

• A restaurant will offer customers lunch and dinner.
• A café focuses on selling hot drinks and light food.
• Service in bars is usually provided at the counter, and the main consumption consists of soft drinks, alcoholic beverages and coffee. 

Although there are legislative nuances that allow light meals to be offered in the latter two, the main difference is that the restaurant's primary business must be devoted to preparing and serving cooked meals according to the orders requested by customers. 

2. Layout and elements that make up the establishment 

Regulations establish the kitchen equipment that each type of establishment may have and how it must be laid out. 

To be considered as such, a restaurant must have a separate kitchen equipped with all the instruments needed to prepare food, measuring at least 10 square metres. Likewise, the dining area must be larger than 20 square metres. Depending on the characteristics of the business, the restaurant will choose the most suitable type of service to offer diners.

Bars and cafés, meanwhile, do not have a separate dining area, although they may also offer table service. Depending on whether or not they have a licence to serve food, they may have a microwave and an electric griddle, but they will not have a separate kitchen. 

3. Opening hours

In this case, each autonomous community establishes the time period during which the establishment may remain open. As a general rule, bars and cafés have longer opening hours than restaurants. 

For example, in Madrid, the opening hours of a bar or café must be between 06:00h and 02:00h, while those of a restaurant are between 10:00h and 02:00h. Municipalities have the authority to reduce opening hours if disturbances are caused to neighbours or if there are safety issues, as well as to extend them on major public holidays. 

4. Display of prices 

According to Royal Decree 3423/2000, all hospitality establishments must display a list of their product prices in a place visible to customers and state whether prices differ when consumption takes place at a table, on an outdoor terrace or at the counter.

The difference in this case is that restaurants and establishments serving prepared food at tables must also have a menu or similar document with prices that consumers can review individually when seated. 

Regulations establish the difference between a bar, restaurant and café. However, there is one point on which legislation is the same regardless of the business: minimising the risks that professionals are exposed to when carrying out their work. At Shoes For Crews, we know how important it is for your workers to wear safe, comfortable footwear. That is why we offer you a wide variety of professional footwear models for the hospitality industry. Contact us and we will provide all the information you need.