Restaurants Cert
Restaurant Certificate with On-Licence
A restaurant certificate allows the holder of a publicans on licence to serve intoxicating liquor with a meal for up to one hour after standard closing time. This  must be consumed at the same time as the meal and paid for at the same time as the meal is paid for.
The premises must be used bona fide as a restaurant. It must have the characteristics of a restaurant with the relevant facilities including kitchen facilities and dining area. It must save serve a range of meals and must be used mainly as a restaurant. The restaurant business should represent a substantial part of the total turnover.
An application may be made to the District Court in relation to a premises for which an on-licence is attached to certify that  part of the premises is a restaurant under the Act.  An applicant may request the court to certify on application for a certificate for a new licence or transfer of a or renewal of a licence, that the premises is a restaurant for the purpose of Intoxicating Liquor Acts.
A hotel registered under the Tourist Traffic Act bona fide adapted as a hotel or hotel and restaurant has the benefits of a Restaurant Cert without requiring a Certificate.
Limited Restaurant Cert
A limited restaurant certificate allows the holder of a publicans on licence to serve intoxicating liquor with a meal for up to one hour after standard closing time in the part of the premises so designated.
A limited restaurant certificate may be applied for on the same basis as the application for a restaurant certificate where it is shown that the part of the premises concerned is  structurally adapted for use and is bona fide used mainly as a restaurant, the part concerns not contain a public bar and there is access to it otherwise than through a public bar.A limited restaurant certificate may not be used in respect of a public bar which may be shuttered off, as this is inconsistent with the above requirements.
The court having heard the officer in charge of the Garda SÃochána, is satisfied that it is structurally adapted for use and bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public, does not include a public bar or part of a room in another part of which there is a public bar, and there is public access otherwise than through a public bar, shall grant a limited restaurant certificate certifying the part covered.
Wine Retailer On Licence
The holder of the wine retail on licence may apply to the District Court for certification that the premises for which the licence is attached is a restaurant under the Act. If the court is satisfied having heard the officer in charge of the Garda SÃochána that the premises are structurally adapted for use and bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public, it shall grant a restaurant certificate.
The holder of a wine retailers on licence with a restaurant certificate may offer beer for consumption if it is consumed at the same time as and paid for with a meal, provided the restaurant does not contain a bar.
Application for Cert
A restaurant certificate is generally granted by the District Court where it relates to an existing premises. A restaurant certificate may be granted by the Circuit Court in conjunction with an application for a certificate for a new on licence.
An application is made to the Circuit Court where it relates to a newly licensed premises in conjunction with the application for that licence.
In conjunction with other parts of the licensing code there is jurisdiction to apply for a prior declaration of suitability of premises to receive a restaurant certificate or a limited restaurant certificate. The Circuit Court has jurisdiction. It may be granted in conjunction with an application for a declaration as to suitability of a premises for a new on licence.
The declaration remains in force for two years. A subsequent application is made on foot of it within the scope of the order. The court may not refuse the application on   any other grounds other than that they are not bona fide mainly used as a restaurant et cetera.
Renewal
The restaurant certificate remains in force until the annual licensing District Court following (September each year). Notice of application must be given for annual renewal must be given to the fire officer fire authority and an Garda Siochana.
A member of  Garda Siochana or member of the public may apply to revoke the licence on the basis that the premises is not complying with the requirements in particular bona fide use as a restaurant refreshment house, for supplying substantial meals the public or for breaches of other conditions.
Operational
Intoxicating liquor may be supplied where it is ordered by or on behalf of the person concerned at the same time as a substantial meal is so ordered and consumed during the meal or after the meal has ended. A substantial meal is a meal that might be expected to be served as the main midday or evening meal or as a main course at such meal. The meal is to be of a kind having regard to the prices charged in the premises at other times or where none such a sum as designated from time to time.
The holder of an on-licence in respect of a premises which is a hotel or restaurant may supply intoxicating liquor on Christmas Day between 12 midday and 10 p.m. It may supply on any other day, for one hour after the expiration of any period for which it is lawful to sell intoxicating liquor on licensed premise. This is provided that the liquor is ordered by or on behalf of the person at the same time as a substantial meal is ordered and consumed by that person during the meal or after the meal has ended
The restaurant certificate must be displayed prominently. It remains in force until the next annual licensing certificate. It may be revoked on application made by  an officer or member of the Garda SÃochána on the basis that the above conditions no longer apply.