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. If the court, having heard the officer in charge of the Garda Síochána for the area, is satisfied that they are structurally adapted for use and bona fide mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public, the court shall grant a restaurant certificate.
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 Síochána 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 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 Síochána on the basis that the above conditions no longer apply.
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. The court having heard the officer in charge of the Garda Síochána, 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. Similar procedures as above apply. The restaurant certificate must be displayed prominently.
The business must be used as a restaurant. 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 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 Intoxicating Liquor Act 1988 allowed for the introduction of a special restaurant licence. This was intended to facilitate “higher” class dedicated to restaurants, which were them beginning to trade in Ireland.
A special restaurant licence is allowed to sell intoxicating liquor without extinguishment of another licence. However, more rigorous requirements and conditions are imposed than in respect of restaurant certificate.
A special restaurant licence may be granted by the Revenue Commissioners pursuant to a certificate of the Circuit Court under the Act. The licence entitles the owner and occupier to supply intoxicating liquor for consumption on the premises and its consumption of intoxicated liquor.
It is a condition that it is ordered by a person by or on whose behalf a substantial meal has been ordered. It must be supplied in either the waiting or dining area of the restaurant. It must be consumed in the waiting area before the meal or consumed during the meal or within 30 minutes thereafter, and paid for at the same time as the meal. Suitable beverages other than intoxicating liquor, including in particular drinking water must be available.
An application is made to and granted by the Circuit Court provided the relevant conditions are complied with, unless the court in consequences of an objection prohibits the issue of the licence on the grounds of character, misconduct, unfitness of the applicant or the unfitness or inconvenience of the premises. In considering the application, the court may have regard to the guidelines and standards published by the Minister with responsibility for tourism.
The level of fee in respect of a special restaurant licence is somewhat higher than that for ordinary restaurant certificates. The application requires prior notice to the Garda Síochán and advertiing. Third-parties may object.
On an application for renewal of a special restaurant licence, the Superintendent of Garda Síochána, or an inhabitant of the area may object. The objection may be based on the grounds that the premises have not been bona fide used solely as restaurant since last renewal.
The permitted hours for selling, exposing for sale, opening the premises for sale or permitting the consumption of alcohol is between 1230 p.m and one hour after the expiration of the general intoxicating liquor opening hourss. On Christmas Day, hours are 12 midday to 10 p.m. No sale may be made on Good Friday.
They Intoxicating Liquor Act provisions in relation to prohibited hours apply. An offence may be endorsed on the licence, and the licence may be forfeited in much the same way as with ordinary on-licences.
A special restaurant licence is not to contain a bar. It is an offence, which is recordable to do so.
A special restaurant licence and Bord Fáilte Certificate (successor of Bord Fáilte) must be displayed. A special restaurant licence holder isnot entitled to occasional licences and special exemption orders.
A person who is a holder of a wine retail’s onlicence, attached to a restaurant may offer beer for sales for consumption on the premises. The condition is that the beer is consumed at the same time as and with the meal and paid for at the same time and that the restaurant does not contain a bar.
Breach of the above conditions is an offence leading on summary conviction to a fine of up to €1270 first offense and €1,900 second and subsequent offences. In this case a restaurant means a restaurant granted a restaurant certificate (not a limited restaurant certificate).