Special Restaurant Licence
Special Restaurant Licence
The Intoxicating Liquor Act 1988 allowed for the introduction of a special restaurant licence. This was intended to facilitate a “higher” class dedicated to restaurants, which were them beginning to trade in Ireland.
A special restaurant licence holder 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.
Key Conditions
A special restaurant licence premises may not have a public bar.
The usual range of alcoholic drinks served under a publicans licence may be sold for consumption on the premises. Sale and consumption is to be to customers who have ordered a meal are partaking of a meal or within 30 minutes after the meal has ended.
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 the restaurant’s waiting or dining area.
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.
Application
The application is made to the Circuit Court. It is made on notice to an Garda Siochana and the fire officer. They or a member of the public in the area concerned may object.
Notice must be given to the fire officer of renewal and to superintendent Garda Siochana. They or persons resident may object on the basis that the premises are not bone fide used as a restaurant.
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 restaurant certificate is issued by the Revenue Commissioners on foot of the Court declaration.
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.
Renewal & Transfer
Notice of application for annual renewal must be given to the fire officer fire authority. A court application is not required unless there is an objection.
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 standard provisions for the transfer of public licences apply to the transfer of special restaurant licences.
As with a publicans licence where there is a substantial change in the premises a new licence is required from the Circuit Court.
Hours
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 hours. On Christmas Day, hours are 12 midday to 10 p.m. Formerly, no sale could 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.
Misc
A special restaurant licence is not to contain a bar. It is an offence which is recordable to do so.
A special restaurant licence holder may not apply for special exemption orders or an occasional licence.
The former requirement to register with Bord Failte no longer applies. Previously, a special restaurant licence and Bord Fáilte Certificate (successor of Bord Fáilte) were required and must be displayed.
Food Safety
Restaurants are subject to registration under the Control of Foodstuffs regulations. A food business operator must register the establishment.
The Food Safety Authority of Ireland enforces the foodstuffs legislation and has extensive compliance powers. It may serve improvement notices requiring changes or restrictions of activity where there is a risk to public health. It may also apply for an improvement order, which may be granted by the District Court.
They may apply to the District Court for a closure order if there is an immediate danger to public health. They may also apply for prohibition orders limiting activities where there is a risk to public health.