Intoxicating Liquor Act, 2000

Other amendments of Part II (special restaurant licences) of Act of 1988.

27.—The Act of 1988 is amended—

(a) in section 6 (interpretation)—

(i) by the deletion of—

“(i) ‘the Board’ means Bord Fáilte Éireann;

(ii) ‘Bord Fáilte Certificate’ has the meaning assigned to it by section 8(2) of this Act;”,

and

(ii) by the substitution of the following definition for the definition of “waiting area”:

“‘waiting area’ means an area that is set aside in a restaurant for the sole purpose of accommodating persons while waiting to have a meal in the dining area;”,

(b) by the substitution of the following section for section 8 (application for special restaurant licence):

“8.—(1) Where a person applies to the Circuit Court for a special restaurant licence in respect of a restaurant of which he or she is the owner and occupier, having duly given notice of his or her intention to do so, the Court shall cause a certificate to be given to the applicant entitling him or her to receive, on paying the Revenue Commissioners the fee specified in section 9 of this Act, a special restaurant licence in respect of the restaurant unless the Court, in consequence of an objection under section 4 of the Licensing (Ireland) Act, 1833 , prohibits under that section the issue of the licence on the grounds of the character, misconduct or unfitness of the applicant or of the unfitness or inconvenience of the premises.

(2) In considering an application under this section for a special restaurant licence, the Court may have regard to any guidelines or standards relating to restaurants which may be published by the Minister for Tourism, Sport and Recreation.”,

and

(c) by the deletion of sections 11 (power of Bord Fáilte to inspect restaurants), 12 (regulations in respect of restaurant standards), 13 (cancellation of Bord Fáilte certificate) and subsections (2), (4) and (6) of section 17 (display of Bord Fáilte certificate).