I, JOHN P. WILSON, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 12 of the Intoxicating Liquor Act, 1988 (No. 16 of 1988), hereby, with the consent of the Minister for Justice, make the following regulations with respect to which, pursuant to section 24 of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

PART I Preliminary

1 Citation

1. These Regulations may be cited as the Special Restaurant Licence (Standards) Regulations, 1988.

2 Commencement

2. These Regulations shall come into operation on the commencement of Part II of the Act.

3 Interpretation

3. (1) In these Regulations—

"the Act" means the Intoxicating Liquor Act, 1988 (No. 16 of 1988);

"the Minister" means the Minister for Tourism and Transport;

"the Board" means Bord Fáilte Éireann;

"applicant" means an applicant for a Bord Fáilte Certificate;

"Bord Fáilte Certificate" has the meaning assigned to it by section 8 (2) of the Act;

"restaurant" means any premises which are structurally adapted and used for the purpose of supplying substantial meals to the public for consumption on the premises and in which any other business carried on is ancillary and subsidiary to the provision of such meals;

"dining area" means the area set aside in a restaurant for the service and consumption of meals;

"owner" in relation to a restaurant, includes any person having any estate or interest in the restaurant;

"special restaurant licence" has the meaning assigned to it by section 7 (1) of the Act;

"waiting area" means an area—

(a) that is set aside as a waiting area in a restaurant for the purposes only of accommodating persons waiting to enter the dining area of the restaurant for the purpose of consuming a meal, and

(b) whose floor area does not exceed 20 per cent of the floor area of the dining area of the restaurant.

(2) In these Regulations, a reference to a Regulation or Schedule is to a Regulation of or Schedule to these Regulations, unless it is indicated that a reference to some other enactment is intended.

PART II Application Procedure

4 Application for a Bord Fáilte Certificate

4. (1) A person who is the owner and occupier of a restaurant may apply to the Board for a Bord Fáilte Certificate in respect of his restaurant.

(2) An applicant shall apply to the Board in writing in the form set out in the First Schedule or in a form substantially to the like effect, accompanied by:

( a ) survey drawings of the restaurant in respect of which the application is being made;

( b ) evidence that the restaurant is registered by the health board in whose functional area the restaurant is situated as a restaurant without restrictions under the Food Hygiene Regulations, 1950 to 1971, and that the health board is satisfied that the provision of facilities for serving a full range of drinks in the restaurant would not interfere with the requirements of the Food Hygiene Regulations, 1950 to 1971;

( c ) evidence that the restaurant complies with the Local Government (Planning and Development) Acts, 1963 to 1983, and any building bye-laws that may be in force;

( d ) particulars of any requirements of the local fire authority made under the Fire Services Act, 1981 (No. 30 of 1981), and evidence that these requirements have been complied with; and

( e ) the application and inspection fee specified in the Second Schedule.

(3) On receipt of an application duly made to the Board in accordance with Regulation 4 (2), the Board shall, pursuant to section 11 of the Act, cause such restaurant to be inspected by an officer of the Board authorised by the Board in that behalf.

(4) In carrying out an inspection of a restaurant pursuant to Regulation 4 (3), the officer of the Board shall have regard to the standards set out in Part III of these Regulations.

(5) The application and inspection fee accompanying an application under Regulation 4 (2) may, at the request of the applicant, and at the discretion of the Board, be repaid to the applicant provided that the restaurant has not been inspected pursuant to Regulation 4 (3).

PART III Standards for Restaurants

5 Restaurant

5. (1) The restaurant shall contain in one building such facilities as determined hereunder of main and secondary entrances, exits, reception area, dining area, kitchen and service area, cloakroom facilities and toilets, together with sufficient corridors and stairways to ensure proper circulation of air, proper movement of people and proper access.

(2) The restaurant, which expression shall include the exterior and interior, outdoor areas, grounds, driveways and car parking areas, shall be kept clean and well maintained throughout and in good decorative order.

(3) The restaurant shall be of substantial and durable construction, structurally safe and in good repair throughout.

(4) Floors, walls and ceilings throughout the restaurant shall be of suitable type and design to maintain the highest standards of hygiene.

(5) All public areas of the restaurant shall have a means of space heating capable of maintaining a room temperature of at least 18.5 degrees Centigrade.

(6) Where feasible, accessibility to all public areas of the restaurant shall be provided for disabled persons.

(7) Entrances and exits shall be of sufficient size to cater adequately for the maximum number of persons capable of using the restaurant at any one time.

(8) Adequate arrangements shall be made for the reception of goods and entrance of staff and, where appropriate, or necessary, the Board may require the provision of a secondary service entrance to the restaurant.

(9) The reception area shall contain furnishings, fittings and equipment of good quality and in good condition and be of a design which is in keeping with that of the remainder of the restaurant.

6 Waiting Area

6. Where the restaurant includes a waiting area, adequate lighting and ventilation shall be provided in such area and the furnishings and fittings shall be in keeping with the furnishings and fittings of the reception and dining areas.

7 Dining Area

7. (1) Every dining area of the restaurant shall be so ventilated at all times that no odour from the kitchen is perceptible.

(2) The dining area shall contain furnishings, fittings and equipment of good quality and in good condition and in keeping with the furnishings and fittings of the reception and waiting areas.

(3) The overall capacity of the total dining area of the restaurant shall not exceed 250 diners and there shall be not less than 0.9 square metres of floor space for each diner.

(4) All meals shall be ordered from, and served at tables by, waiting staff.

(5) The floor to ceiling height of every dining area shall be not less than 2.4 metres.

(6) Tables and seating shall be of adequate size to enable the diners to dine in comfort and be capable of easy and flexible arrangement to cater for individuals and groups and permit diners and staff to circulate easily in the dining area.

(7) Seating in the dining area shall normally be either an immovable and padded banquette or a strongly constructed chair with a padded cushion. Higher chairs (or suitably adapted chairs) shall be available for children.

(8) Dining tables shall be solidly made and either:—

( a ) completely covered with good quality and suitable tablecloths; or

( b ) surfaced with polished hardwood or a good facsimile thereof or with material of a comparable quality, and have good quality place mats.

(9) Cutlery, condiments, ash trays, tablecloths, table mats, trays and other necessary table appointments shall be of good quality and in good condition. Napkins (linen or good quality paper) shall be provided. Appointments shall be of uniform design (not mixed) and in keeping with the overall design of the dining area.

(10) Crockery shall be adequate to serve the maximum number of diners capable of being seated in the dining area, be in good condition, of good quality and of uniform design.

8 Kitchen and Service Area

8. (1) The kitchen and service area shall contain facilities, equipment and fittings of good quality and condition for the storage, refrigeration, preparation, cooking and service of food, and for the storage and cleaning of utensils used for these purposes.

(2) Such facilities, equipment and fittings shall be of good quality and condition and in adequate quantity to cater for the maximum number of diners capable of being seated at tables in the dining area at any one time.

(3) Such facilities, equipment and fittings shall comply with the requirements of the Food Hygiene Regulations, 1950 to 1971, and shall, in particular, include:

( a ) storage rooms, compartments, bins, racks, and other containers for non-perishable food and vegetables and bread and similar items;

( b ) refrigerators or refrigerated units for meat, fish, dairy products and other perishable commodities;

( c ) food preparation table or units;

( d ) cooking equipment for boiling, roasting, baking, grilling, steaming, and other means for preparation of food as requested by the Board;

( e ) hot plates, hot cupboards, bain maries, and other containers for storing and maintaining cooked food and the utensils to be used in the efficient service of food at proper temperature and in proper condition;

( f ) sink units complete with all plumbing for the supply of hot and cold water and for the disposal of waste;

( g ) properly constructed garbage disposal units or, alternatively, mechanical equipment for the destruction of garbage.

(4) The kitchen shall be located adjacent to or easily accessible from the dining area.

(5) The kitchen area shall be well lit and ventilated to enable accurate, efficient and safe work to be done in it, and to ensure that no odour from the kitchen is perceptible in the dining area.

(6) Service access to the dining area shall not be through a public area that is normally used by diners or a main passageway.

(7) Proper facilities, including dining, changing and toilet, shall be provided for the staff employed in the restaurant and shall be located within, adjacent to, or in close proximity to, the restaurant.

9 Cloakroom Facilities and Toilets

9. (1) A restaurant shall have cloakroom facilities and toilets.

(2) Toilets shall be provided separately for male and female customers and be easily accessible from all public areas of the restaurant.

(3) Such toilets shall contain:

( a ) water closets (hereinafter referred to as WC) in separate compartments;

( b ) fixed wash-hand basins equipped with plumbing for the continuous supply of hot and cold water and the disposal of waste.

(4) The minimum number and type of sanitary fittings installed in such toilets shall be calculated in relation to the number of diners to be accommodated in the premises at any one time as set out in the Table to this Regulation.

TABLE

No. of persons	Male	Female
Up to 25	1 WC, 1 urinal, 1 wash-hand basin	1 WC, 1 wash-hand basin

26—60	1 WC, 2 urinals, 1 wash-hand basin	2 WCs, 1 wash-hand basin

61—100	2 WCs, 2 urinals, 2 wash-hand basins	3 WCs, 2 wash-hand basins

101—250	1 additional WC for every additional 50 persons, 1 additional urinal for every additional 75 persons and 1 additional wash-hand basin for every additional 100 persons.	1 additional WC for every. additional 50 persons and 1 additional wash-hand basin for every additional 75 persons.

(5) The toilets in a restaurant shall be equipped with mirrors, towel rails, clothes hooks and a clean and ample supply of toilet requisites (including either or both towels and hand drying facilities, soaps, toilet paper, disposal bins and other necessary accessories).

(6) The toilets shall be well ventilated (by direct or mechanical means) and properly supervised and kept in a clean and hygienic condition.

10 Management and Staff

10. (1) The restaurant shall be managed by, and under the continuous supervision of, a competent person who has adequate catering experience and training and is fully capable of operating the restaurant to the standards set out in these Regulations.

(2) The person in charge of the preparation of meals shall be a person who holds a recognised qualification in catering or has practical experience in the preparation of meals of a high standard, and shall have a thorough knowledge of the supervision of a restaurant kitchen.

(3) Properly skilled staff shall be employed in all departments of the restaurant and provide a satisfactory standard of service during the hours in which meals are served.

(4) The waiting staff of the restaurant shall be neat and clean in their appearance.

(5) A member of staff shall be charged with the duty of ushering diners to their tables in the dining area.

(6) In a restaurant with accommodation for the service of more than 30 diners at any one time, the waiting staff shall be dressed uniformly and readily identifiable.

(7) Waiting staff shall provide friendly and courteous service and he fully conversant with all food and beverages on offer.

11 Menu, Wine List and Drinks List

11. (1) The menu shall be in clearly legible form, indicating the availability of all food items listed thereon, and displayed in accordance with the Retail Prices (Food in Catering Establishments) Display Order, 1984.

(2) The menu for every meal served in the restaurant shall clearly show:

( a ) the price of each individual item available for service in such a way that the total cost of the meal, inclusive of any tax payable in respect of the food, can be readily and accurately ascertained;

( b ) any service charges; and

( c ) the hours during which the restaurant will be open to the public.

(3) The restaurant shall provide either a table d'hõte or an à la carte menu, of both.

(4) A table d'hõte menu shall, subject to Regulation 11(6), include:

( a ) a choice of hors d'oeuvres (not less than four in number) and including fresh soups;

( b ) a choice of five main courses, one of which shall be meat;

( c ) a choice of vegetables (which shall be, where possible, fresh); and

( d ) a choice of at least three desserts.

Tea or coffee shall be included in the price of the meal and a good selection of cheeses shall also be available, not necessarily included in the table d'hõte meal price.

(5) An à la carte menu shall, subject to Regulation 11 (6), include:

( a ) hors d'oeuvres (not less than three in number);

( b ) a choice of soups;

( c ) main course dishes including such items as fish, meat and poultry, a variety of vegetables (which shall be, where possible, fresh) and potatoes;

( d ) a selection of hot and cold desserts;

( e ) a selection of cheeses; and

( f ) tea, coffee and decaffeinated coffee.

(6) Notwithstanding Regulations 11(4) and 11(5), speciality restaurants may substitute for main courses their own particular speciality food dishes which shall not be less than four in number.

(7) An adequate wine list shall be provided, including some wines bottled in the country of origin.

(8) Service shall include the presentation of the wine list and the presentation and opening of wine bottles.

(9) An adequate range of wine shall be available for purchase by the bottle, carafe, half carafe and glass, accurately specifying capacity of measure and price.

(10) A drinks list of intoxicating liquor and other beverages (other than wine) shall be provided.

(11) A range of spirits and beers including spirits and beers of Irish origin shall be included on the drinks list and shall be available for purchase with a meal during permitted hours.

(12) A range of suitable beverages other than intoxicating liquor (including drinking water) shall also be available for consumption in the restaurant.

(13) Prices of beverages supplied in the restaurant shall be displayed in accordance with the Retail Prices (Beverages in Licensed Premises) Display Order, 1976.

12 Standards of Catering

12. (1) Food supplied in the restaurant shall be of good quality, accurately described in menus, properly cooked and attractively presented.

(2) The owner and occupier applying under Regulation 4 (2) shall ensure that catering for special groups does not interfere with the operation of the restaurant insofar as the standard of food and service is concernedf, or cause any inconvenience to casual diners during normal opening hours.

(3) Catering for special groups shall not necessitate the refusal of casual diners or reduce in any way the range of food and the service normally provided in the restaurant.

PART IV Bord Fáilte Certificate

13 Notification

13. Following inspection pursuant to Regulation 4(3) the Board shall, not later than 21 days after its decision:

(a) notify the applicant that the Board is satisfied that the restaurant complies with Part III of these Regulations and on payment of the certification fee specified in the Second Schedule, shall grant to the applicant a Bord Fáilte Certificate under section 8(2) of the Act in the form set out in the Third Schedule; or

(b) notify the applicant in accordance with Section 8(5) of the Act that the Board is not satisfied that the restaurant complies with Part III of these Regulations.

14 Inspection

14. The Board shall cause every restaurant in respect of which a special restaurant licence is in force to be inspected at least once a year by an officer of the Board who shall have regard to the standards set out in Part III of these Regulations.

15 Renewal

15. A holder of a special restaurant licence who wishes to apply for a renewal of such licence at the next annual licensing District Court, may apply to the Board, in accordance with Regulation 4(2), at any time after the preceding 1st day of May and before the 30th day of June in that year, for renewal of a Bord Fáilte Certificate in respect of the period commencing immediately following the expiration of the Bord Fáilte Certificate then held by the applicant.

FIRST SCHEDULE

Application Form for Bord Fáilte Certificate under Intoxicating Liquor Act, 1988 .
1.	Name and address of applicant(s) ............................................................ .................................. ............................................................ ............................................................ ............................
2.	Name and address of restaurant ............................................................ ...................................... ............................................................ ............................................................ .............................
	Telephone No ............................................................ .......................................................
3.	Is applicant occupier of restaurant at 2? ............................................................ ............
4.	State applicant's estate or interest in restaurant ...........................................................
5.	Is restaurant incorporated? ............................................................ .................................
6.	If so, state whether it is a public/private company/partnership with limited or unlimited liability ............................................................ ................................................
7.	(a) If company, name all Directors:
	...........................................	.........................................	.........................................
	...........................................	.........................................	..........................................
	...........................................	.........................................	...........................................
	(b) If partnership, name all partners:
	...........................................	.........................................	...........................................
	...........................................	.........................................	...........................................
	...........................................	.........................................	...........................................
I/We hereby enclose as required:
(i) survey drawings of the restaurant;
(ii) evidence that the restaurant is registered as a restaurant without restrictions by the health board under the Food Hygiene Regulations, 1950 to 1971, and that the health board is satisfied that the provision of facilities for serving a full range of drinks in the restaurant would not interfere with the requirements of the Food Hygiene Regulations, 1950 to 1971;
(iii) evidence that the restaurant complies with the Local Government (Planning and Development) Acts, 1963 to 1983, and any building bye-laws that may be in place;
(iv) particulars of any requirements of the local fire authority made under the Fire Services Act, 1981 (No. 30 of 1981) and evidence that these requirements have been or are being complied with;
(v) the application and inspection fee specified in the Second Schedule to the Special Restaurant Licence (Standards) Regulations, 1988.
I/We hereby apply to Bord Fáilte Éireann for a Bord Fáilte Certificate and enclose cheque, postal order or money order (delete as appropriate) for the application and inspection fee prescribed in the Second Schedule of the Special Restaurant Licence (Standard) Regulations, 1988. I/We declare that the particulars given above and in the attached Appendix are correct to the best of my/our knowledge and belief.
Applicant's Signature ............................................................ .....................................................
Authorised Officer's Signature (in case of limited company): ............................................................ ............................................................ .......................................
Date ............................................................ ............................................................ .................
APPENDIX
This Appendix forms part of the application and must be completed in full. Do not leave blank spaces. Where certain amenities or facilities are not available, indicate by the word "none" or a line drawn through the appropriate space.
1.	Construction of premises (concrete, brick, wood, or other materials): ............................................................ ............................................................ ..................... ............................................................ ............................................................ .....................
2.	Description of facilities including exits and entrances, outdoor grounds and car parks:
	............................................................ ............................................................ ..................... ............................................................ ............................................................ .................... ............................................................ ............................................................ ..................... ............................................................ ............................................................ .....................
3.	Maximum capacity of dining area: ............................................................ ............................................................ ..................... ............................................................ ............................................................ .....................
4.	Is waiting area provided? If so state size in square metres:
	............................................................ ............................................................ ..................... ............................................................ ............................................................ .....................
5.	Total dining area in square metres, the floor to ceiling height of the dining area and the amount of floor space available for each diner: ...................................................... ............................................................ ............................................................ ....................
6.	Does the restaurant have a separate area for the reception of goods?: ....................... ............................................................ ............................................................ .............................
7.	Where are staff facilities located in relation to restaurant?
	............................................................ ............................................................ .................... ............................................................ ............................................................ .....................
8.	Brief description of lighting, heating and ventilation systems:
	............................................................ ............................................................ ..................... ............................................................ ............................................................ ..................... ............................................................ ............................................................ .....................
9.	Where is the kitchen situated in relation to the dining area?
	............................................................ ............................................................ ..................... ............................................................ ............................................................ ...................
10.	What refrigerated/cold storage facilities are available? ............................................................ ............................................................ .................... ............................................................ ............................................................ ..................... ............................................................ ............................................................ .....................
11.	How is garbage disposed of? ............................................................ ...............................
12.	Please attach to this form a schedule of all modern appliances or equipment in kitchen (such as ventilation fans, electric griller, dishwashing machine)
13.	No. of toilets, male and female, including wash-hand basins, hand-drying facilities, other necessary accessories and disposal bins:
	............................................................ ............................................................ .................... ............................................................ ............................................................ ..................... ............................................................ ............................................................ .................... ............................................................ ............................................................ .....................
14.	Qualifications and/or experience of restaurant supervisor:
	............................................................ ............................................................ ..................... ............................................................ ............................................................ .....................
15.	Qualifications and experience of cooking staff:
	............................................................ ............................................................ .................... ............................................................ ............................................................ .................... ............................................................ ............................................................ .....................
16.	Brief description of qualifications and experience of other staff:
	............................................................ ............................................................ .................... ............................................................ ............................................................ .................... ............................................................ ............................................................ .....................
17.	Please indicate if the restaurant offers table d'hõte, or à la carte menu or both?
	............................................................ ............................................................ ..................... ............................................................ ............................................................ .....................
Any other information you may wish to add.

SECOND SCHEDULE

SCHEDULE OF FEES FOR BORD FÁILTE CERTIFICATE

Application and Inspection Fee	:	£325
Certification Fee	:	£75

THIRD SCHEDULE

Bord Fáilte Certificate

Bord Fáilte Éireann, pursuant to section 8 (2) of the Intoxicating Liquor Act, 1988 hereby certifies that the restaurant known as:
............................................................ ............................................................ ............................. ............................................................ ............................................................ .............................
located at: ............................................................ ............................................................ .......... ............................................................ ............................................................ .............................
in respect of which application has been made by: ............................................................ ... ............................................................ ............................................................ ............................
being the owner and occupier of the above-named restaurant,
has been inspected by the Board and the Board is satisfied that it complies with the Special Restaurant Licence (Standards) Regulations, 1988, made by the Minister for Tourism and Transport under section 12 of the Intoxicating Liquor Act, 1988 .
Signed	............................................................ ............................................................
	Officer of the Board, authorised by the Board to certify in accordance with section 8 of the Intoxicating Liquor Act, 1988 .
Date	............................................................ ............................................................

GIVEN under my Official Seal, this 30th day of June, 1988.

JOHN P. WILSON

Minister for Tourism and Transport.

The Minister for Justice hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Justice, this 30th day of June, 1988.

GERARD COLLINS

Minister for Justice.

EXPLANATORY NOTE.

These Regulations, which will be implemented by Bord Fáilte, were made by the Minister for Tourism and Transport, with the consent of the Minister for Justice, under section 12 of the Intoxicating Liquor Act, 1988 ( S.I. No. 16 of 1988 ).

The Regulations provide for the grant of a Bord Fáilte Certificate to restaurants which comply with the requirements and standards set out in the Regulations. The grant of such a Certificate is a pre-requisite for a restaurant to apply, through the Courts, for a special restaurant licence under Section 8 of the Intoxicating Liquor Act. A special restaurant licence will allow a restaurant to serve a full range of alcoholic drinks but only in connection with the consumption of a substantial meal.

Under Section 8(4) of the Act, a Bord Fáilte Certificate shall, unless sooner cancelled, continue in force until the date of the next local annual licensing district court. A Certificate cannot be renewed unless an application, accompanied by the fees in the Second Schedule to the Regulations, is made to Bord Fáilte and the Board is satisfied that the restaurant complies with the requirements and standards set down in these Regulations.