The basic difference between a licence and permission is that a licence is recognisable (a decision that is the recognition depends on the clerk or organ). Permission however needs to be granted by the relevant body and is normally granted providing the company requesting fulfills the necessary conditions laid down in specific legislation relating to the particular activity.

It is necessary to obtain a licence if a company wishes to carry out business in the following areas:

• search and recognition of deposits of minerals, excavation minerals from deposits, storage of substances without tanks as well as the storage of waste (material) in an organic form including underground main headings,
• production and sale of explosives, weapons and ammunition as well as army and police related products and technologies,
• production, processing, storage, distribution and sale of fuel and energy,
• protection of people and property,
• broadcasting of radio and TV programmes,
• air transport as well as other air services.

The decision to grant a licence, the refusal to grant a licence, any amendment to it and revocation are the responsibilities of the relevant government departments who supervise policy on the activity which is subject to licensed approval and is taken according to the administration procedure. Any license approved is granted for a limited period of time, no shorter than 5 years and no longer than 50 years, unless an applicant applies for a licence for a shorter period.

The licensing authorities are:

• Ministry of Environment: search and recognition of deposits of minerals etc.,
• Ministry of Home Affairs: production and turnover of explosives, weapons and ammunition as well as army and police directed products and technologies as well as the protection of people and property,
• Ministry of Economy: distribution and turnover of fuel and energy as well as the broadcasting of radio and TV programmes,
• Ministry of Infrastructure: air transport.

The application for licence approval should include:

• the name of the entrepreneur with details of their registered office,
• the company registration number obtained from the National Court Register,
• a description of the scope and range of the proposed business, on which the licence is to be approved,
• additional information as specified in any acts that may specifically cover the proposed activity in question.

The application should also include all other documents necessary to show that the applicant possesses, from the outset, the technical and organisational competence to run the activity covered by the licence together with sufficient funding, described by a separate legal act as well as the decree of the right ministry concerning the subject of licensed activity.

The refusal to grant a licence or the limitation of its range is undertaken by the relevant body in situations such as:

• the entrepreneurs does not fulfill the conditions to carry out the economic activity for which the licence is required and described in the legal act or other specific conditions given to entrepreneurs by the licences organs,
• for the sake of the country’s defence or national security,
• if in the way of carried out administration procedure, the licence has been given to other entrepreneurs.

Revocation of the licence takes place when:

1) the business receives a legally valid judgement forbidding them to carry out the activity covered by the licence,
2) the entrepreneur did not commence the activity covered by the licence despite a legal summons from the institution responsible for issuing the license or has stopped the activity covered by the licence,
3) entrepreneur failed to remove in time actual or legal state which is incompatible to the conditions described by the licence document or other acts regulating the economic activity covered by the licence (in general),
4) entrepreneur knowingly breaches the conditions described by the licence or other conditions necessary to carry out the licensed activity, described by the law,
5) the defence of the country or national security is in danger or for other important public reasons.

The licensing institution can also amend the scope and conditions of a licence for the reasons mentioned above in paragraphs 3, 4, and 5. The business, from whom the licence has been rescinded for a reason or reasons mentioned in paragraphs 1 and 2 can re-apply with a further application to obtain a licence within the same area of activity no earlier than 3 years from the date the original license was revoked.

The relevant institution grants permission after affirmation that all of the conditions necessary to carry out the activity described by law have been fulfilled. The permission is issued for an unlimited period of time. However, the business may request a limited period of time or other laws may override. It can also be issued for the period of time necessary to complete the procedure for rendering the permission by the administration organ if not all applicants can receive the permission even if they can comply with the conditions.

When a decision is taken by the relevant institution to revoke permission the situation becomes analogous to the procedures adopted in the revocation of a licence. However, if a legally valid judgement is made preventing the business from continuing its activity covered by the permission, the entrepreneur can re-apply with an application within the same area of activity no earlier than 3 years from the date the original license was revoked.

In a situation where the relevant authority plans to issue a limited number of licences or permissions it issues a notice in the Official Journal: Monitor Sądowy i Gospodarczy together with advertisements in daily national newspapers.

A business which intends to commence activity, which is licensed or requires specific permission, can apply for the promise of issuance of the permission by the organ, called promesa. In promesa it is possible to make the licence or permission giving dependent on thefulfillment of the conditions of carrying out the economic activity covered by the licence or permission by the entrepreneur. During the process of getting promesa the regulations concerning getting the licence are used. In promesa the time of its validity is included, which can not be shorter than 6 months and during this period of time the decision of getting the licence or permission to carry out the economic activity declared in promesa has to be given. There is an exclusion when there are changes of the presented data in the application form by the entrepreneur as well as if there were discovered other circumstances described in the paragraphs from 1 to 3 concerning giving of the licence.