Intoxicating Liquor Act, 1988

Application for Circuit Court certificate, etc.

8.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a special restaurant licence in respect of a restaurant of which the applicant is the owner and occupier and, at the proceedings in the Circuit Court in relation to such application, the applicant shows to the satisfaction of that Court that there is in force a Bord Fáilte Certificate in respect of the restaurant, that Court shall cause a certificate to be given to the applicant entitling him to receive, on payment to the Revenue Commissioners of the fee specified in section 9 of this Act, a special restaurant licence in respect of the restaurant unless that 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) Where in relation to a restaurant the Board, having inspected the restaurant, is satisfied that—

(a) in case regulations made by the Minister for Tourism and Transport under section 12 of this Act are in force, the restaurant complies with those regulations, or

(b) in case no such regulations are in force, the restaurant—

(i) is well equipped, well furnished and provides comfortable seating in the dining area and waiting area thereof,

(ii) is operated by a competent management and staff,

(iii) provides a high standard of catering,

(iv) has at least one member of the staff who holds a recognised qualification in cooking or has sufficient experience in cooking to prepare meals of a high standard, and

(v) maintains a high standard of hygiene,

the Board shall, upon application in that behalf by the person who is the owner and occupier of the restaurant, grant to the person a certificate (which shall be known as a Bord Fáilte Certificate) which shall be signed by an officer of the Board authorised in that behalf by the Board stating that the Board is satisfied as aforesaid.

(3) A document purporting to be a Bord Fáilte Certificate signed as aforesaid shall be sufficient evidence in any legal proceedings of the matters certified in the Certificate until the contrary is shown.

(4) A Bord Fáilte Certificate shall, unless it is sooner cancelled pursuant to this Act, continue in force until the date of the next annual licensing district court for the court area in which the restaurant the subject of that Certificate is situated.

(5) If, in any case, the Board refuses to grant a Bord Fáilte Certificate it shall as soon as may be, by notice in writing, inform the person who applied for the Certificate of the refusal and of the reasons therefor.