September 21st, 2026 at 2:00 PM
69006 Lyon - France

Terms of sale
TERMS AND CONDITIONS OF THE AUCTION: The auction shall take place subject to the following terms and conditions: OWNERSHIP AND USE: This transfer of ownership shall take effect from the date of the auction. The purchaser must submit to the relevant Prefecture all applications, formalities and declarations necessary to transfer the assigned licence into their name, in accordance with the laws and regulations in force. The office of Maître Etienne de Baecque, Judicial Officer, shall provide the purchaser with an extract from the auction minutes and a copy of these terms and conditions, and shall provide the authorities with any supporting documents they may require in order to finalise the transfer of the licence. The declaration must be made at least fifteen days before the establishment opens. The same applies in the event of a change of ownership or a change in the status of the licensed premises. In addition to obtaining the licence, the operation of a licensed premises requires compulsory training. TRANSFER OF A LICENSED PREMISES: In the event of a change in the local authority where the licence is held, an application for authorisation to transfer the on-premises drinking establishment must be submitted to the Prefect, who will consult the mayor of the municipality where the drinking establishment is currently located and the mayor of the municipality to which it is proposed to be transferred. A licensed premises serving drinks for consumption on the premises may be transferred: - within the department in which it is situated, - by way of derogation, beyond the boundaries of the department in which it is situated, for the benefit of tourist establishments (e.g. hotels or campsites classified under certain conditions). However, if it is the last Category 4 drinking establishment in the municipality, it cannot be transferred. COMPULSORY TRAINING – THE OPERATING LICENCE: Article 23 of the Equal Opportunities Act No. 2006-396 of 31 March 2006 and Decree No. 2007-911 of 15 May 2007 provide for compulsory training for anyone wishing to operate a licence to serve alcoholic drinks, with the exception of the 1st category licence. Specific training on the rights and obligations associated with operating a licensed premises or an establishment holding a ‘small restaurant licence’ or a ‘restaurant licence’ is provided to any person registering the opening, change of ownership, relocation or transfer of a second-, third- or fourth-category on-premises alcohol licence, or to any person registering an establishment holding a ‘small restaurant licence’ or a ‘restaurant licence’. The same requirement applies to businesses wishing to sell alcoholic drinks to take away between 10.00 pm and 8.00 am. Upon completion of this training, the persons referred to in the preceding paragraph must have knowledge, in particular, of the provisions of this Code relating to the prevention and combating of alcoholism, the protection of minors and the enforcement of laws against public drunkenness, as well as legislation on narcotics, the resale of tobacco, noise abatement, circumstances likely to lead to an administrative closure, the general principles of civil and criminal liability of natural and legal persons, and the fight against discrimination. This training is compulsory. It lasts for three days, except for those who have operated a licensed premises for at least 10 years, for whom the training lasts one day. It may only be delivered by organisations approved by order of the Minister of the Interior and established by the national trade associations representing the hotel, restaurant, café and nightclub sectors (see list below). Upon completion, a licence to operate is issued, valid for 10 years (Cerfa No. 14407*02). At the end of this period, attendance at a refresher training course allows the validity of the operating licence to be extended for a further 10 years. This training may be provided: - either by a training organisation established in France and approved by order of the Ministry of the Interior - or by a training organisation legally established in another Member State of the European Community or in another state party to the Agreement on the European Economic Area wishing to deliver such training on a temporary basis within the national territory; such an organisation is presumed to hold accreditation provided that the programme delivered complies with Article L 3332-1-1 of the Public Health Code. ACCREDITATION OF THE SUCCESSFUL TENDERER: The conditions relating to nationality, legal capacity and good character with which the successful tenderer must comply are, in particular, as follows: - Nationality: Authorisations may only be granted to persons who can prove that they are French nationals or nationals of a Member State of the European Union or a party to the Agreement on the European Economic Area. - Location: Furthermore, the premises may not be situated within the protection zone established by the departmental prefect around so-called ‘sensitive’ areas pursuant to Article L. 3335-1 of the Public Health Code. - Eligibility: Minors who have not been emancipated and adults under guardianship may not independently carry out the profession of licensed premises operator, in accordance with Article L. 3336-1 of the Public Health Code. - Good character and legal incapacity: an adult deemed legally incapable, or persons who have been subject to certain criminal convictions, may not, likewise, open or operate a licensed premises in accordance with Articles L. 3336-2, L. 3336-3 and L. 3336-4 of the Public Health Code. CONDITIONS AND TERMS: Bids will only be accepted if they are submitted by known and solvent individuals. The lot shall be awarded to the highest bidder and the last person to bid, after three calls. No claims shall be accepted once the lot has been awarded. The successful bidder shall be required to provide their surname, first name and address and to produce proof of identity. If the purchaser is a legal entity, they must provide an extract from the Trade and Companies Register (Kbis). PAYMENT OF THE SALE PRICE – INVALID BID – REGISTRATION OF A LIABILITY: The successful bidder shall pay the hammer price, together with all fees, duties and ancillary charges, in cash, immediately after the auction, failing which the lot may be resold as a ‘folle enchère’. Payment shall be made by credit card, bank cheque or bank transfer following the deposit of a guarantee cheque or a direct debit authorisation. This payment shall be made to Maître Etienne de Baecque, Judicial Officer. Should the successful bidder fail to fulfil the obligations imposed upon them by these terms and conditions to pay all or part of the hammer price and fees, the seller may resell the goods in question by auction and in accordance with the procedures prescribed by law. If the price at the second auction is lower than that which would have been due at the first auction, the unsuccessful bidder shall be liable to pay the difference. Should the price at the second auction exceed that of the first, the difference shall accrue to the attachment. Under no circumstances may the unsuccessful bidder claim, either against the new successful bidder or against the attachment, the costs of sale, registration, advertising or land registration which they may have paid and which would benefit the new successful bidder; the latter shall therefore be under no obligation either to pay them or to account for them to anyone. In the event of the sudden death of the successful bidder, his heirs and representatives shall be jointly and severally liable for the payment of the sums owed by him. COSTS, DUTIES AND INCIDENTAL CHARGES TO BE BORNE BY THE SUCCESSFUL BIDDER, RESERVE PRICE, PAYMENT AND DEPOSIT FOR BIDDING: The successful bidder shall be required to pay, in addition to the hammer price, immediately upon the auction being declared and in cash to the Judicial Commissioner, the fees payable by the purchaser amounting to 14.28% including VAT, in accordance with the rates for judicial sales. The costs incurred in connection with the transfer or registration of the Category IV licence in the purchaser’s name shall be borne exclusively by the purchaser. The purchaser shall also pay any taxes that may be due in respect of the licence in question. The aforementioned Category IV licence will be offered for sale at a reserve price of: FIVE THOUSAND EUROS (5,000.00 euros). The reserve price may be reduced in the event of a lack of bids. DELIVERY OF DOCUMENTS: Upon full compliance with the immediately enforceable terms and conditions of the auction, the successful bidder shall be issued with a certificate of sale confirming their purchase and a certified true copy of these terms and conditions and the auction minutes.
See original version (French)

Sale commission: 14.28 % incl. taxes for judicial sales

Nature of the sale
Pictures credits: Contact the Auction House

Sale commission: 14.28 % incl. taxes for judicial sales

Internet fees: 1.5% excluding VAT of the hammer price for judicial sales, 1.5% excluding VAT for voluntary sales or €60 excluding VAT per vehicle. No additional fees will be applied on charity auction lots.

Adjudication: As the Live auction report is not binding, the winning bids are confirmed after the sale by the auctioneer.

Terms of sale: Download the auctioneer's conditions of sale

Legal notice for judicial sales: SELARL DE BAECQUE et Associés - commissaires-priseurs judiciaires Declaration date or accreditation number: 2002-648 Intra-Community VAT: FR78819249509

Exposures: