Choosing The Correct Restaurant Licence For Your Premises

Choosing the correct Restaurant Licence for your Premises

How to get a Restaurant Licence for your premises

The Liquor Licencing code in Ireland provides for several different types of Restaurant Licences. Choosing the right type for your business begins with analysing your proposed business model and assessing which of the following you need for your business model.

1.       Provide alcohol to customers with or without the necessity of selling them food.

In this example you must obtain a full seven day licence to sell the full range of alcoholic beverages or obtain a wine retailers on licence if you are happy simply to sell them wine or champagne.

2.       Provide a full range of all alcoholic beverages to customers accompanied by food before and during the meal.

This model of sale requires either a full Publican’s Licence or a Special Restaurant Licence.

3.       Provider of Wine/Champagne and Beer to customers accompanied by food before and during the meal.

This type of sale requires you to obtain Wine Retailers On-Licence from Customs and Excise and once it is issued apply to the District Court for a restaurant certificate. This type of licence does not allow the sale of alcohol without a meal.

How to get a Special Restaurant Licence for your restaurant:

To get a Special Restaurant Licence from customs and excise you must obtain a certificate from the Circuit Court.

What factors will the Circuit Court consider when hearing my Application?

The court must be satisfied as to the good character of the person applying for the licence and the fitness or convenience of the proposed premises.  You will have to prove your Title to the premises and if it is proposed to run the business by means of a Limited Company, you will have to produce the Certificate of Incorporation and the Memorandum and Articles of Association, which the court will examine to see if it contains the appropriate powers to run a licensed restaurant. It is necessary that the person or company who applies for the licence must also be the same person or company holding the property by means of freehold or leasehold Title. You will have to show the court that the user clause in the lease, specifically allows the sale of alcohol.

How do I know if my proposed premises will be suitable to be licensed?

As regards suitability, in licencing cases the Circuit Court must ensure that the premises comply with other laws relevant to planning and building control. To do this you must employ an Architect who will give evidence confirming that the appropriate planning permission and fire safety certificates have been obtained and must produce them in court. Your Architect must also prepare a detailed set of licencing plans for the court which must also be served on the Gardaí and the Fire Safety Officer for the area.

What about objections?

The Gardaí and fire officers may object if they are not satisfied with aspects of the project. Any local resident may object, but this would be rare enough in the case of a Restaurant Licence.

How do I get a Licence after the court grants me an order for a Special Restaurants Licence?

You send the Court Order, Certificates of Incorporation and Registration Certificates of Business Name (if appropriate) tax clearance certificates and a cheque for €3,805 to Customs and Excise, The Glen, Waterford and they will process the Application and send you the licence.

How do I renew a Special Restaurant Licence?

It is renewed annually through Customs and Excise. Remember to promptly send in your renewal form as if you fail to renew it during the licensing year, you will have to go back to the Circuit Court and revive it as if it were a new licence Application.

Special features of Special Restaurant Licence which should be noted:

·         The premises must not contain a Bar. Legal advice should be taken on the proposed fit out in this regard.

·         Alcohol must only be sold for consumption on the premises and is restricted to patrons waiting to be served a meal, during the meal or within thirty minutes after the meal has ended.

·         Does not allow the owner to apply for special exemption orders i.e. a Late Licence.

·         No “Drinking up” time as with a pub licence.

·         Alcohol must not be sold before 12.30 pm, although food can be sold at anytime.

·         Special Restaurant Licence may be transferred to a new owner by the District Court but may not be transferred to different premises.

Trading hours for premises having a Special Restaurant Licence:

How do I get a Restaurant Certificate for my premises allowing sale of Wine, Champagne and Beer with food only?

If you are content to sell wine, champagne and beer with food only, you must first obtain Wine Retailers On Licence from Customs and Excise.  As the holder of such a licence you are then entitled to apply to the District Court for a Restaurant Certificate.  If the court grants this Certificate you may also sell beer with meals.  In order to avail of this concession however, the premises must not contain a bar.  Legal Advice should be taken as to the proposed fit out of the premises.

Can I find out in advance if my local District Court will approve the grant of the Restaurant Certificate before I carry out expensive works?

Yes you can ascertain from the court if they will approve the application before carrying out the works. It is called a Declaratory Procedure and is available to assess whether the Court will grant the particular form of Licence, except for an application for Special Restaurant Licence.

What factors will the District Court consider in hearing an application for a new Restaurant Certificate?

You must prove to the court and to the Gardaí that the premises are structurally adopted for use and bona fide and mainly used as a Restaurant.  To this end, the court will look at evidence of the following:

·             Physical aspects of the premises, the size of the kitchen facilities,

·             The range and availability of meals and times when they are available,

·             Evidence that the receipts from restaurant part of the business are substantial,

·             The number of staff employed and their training and experience.

How do I renew this type of Licence?

You must renew the underlying Wine Retailers On Licence or Publicans Licence as applicable through customs and excise each September 30^th each year, however the Restaurant Certificate itself must be granted annually by the District Court at the end of September each year.

Can I transfer a Restaurant Certificate of this type to a new owner?

In general, no.  Furthermore the underlying Wine Retailers On-Licence may not be transferred and a new owner must apply to Customs and Excise themselves for new Wine Retailers On-Licence.  This takes approx 8 weeks.  The new owner can apply for a new Restaurant Certificate from the court when the Wine Retailers On-Licence issues to them.

Expertise

Compton Aylmer Solicitors have 25 years experience in applying for all forms of Liquor Licences and Restaurant Licences and would be happy to give preliminary advice on planning, legal and fit out issues for any Licence projects countrywide

© Compton Aylmer 2011 - 2012

The Information in this document is provided subject to the disclaimer contained on the Compton Aylmer website. The material is provided for information purposes only and does not constitute legal or any other advice.

For further information contact Lorraine Compton, email: lorraine@comptonaylmer.ie  or Clifford Healy, email:   clifford@comptonaylmer.ie   Tel: 01 234 2678.