Restaurant certificate application

What does this application do

An applicant for a restaurant certificate must first hold an on-licence (for example a publican’s on-licence or a wine retailer’s on-licence). It is the on-licence that permits the sale of alcohol. Holders of the restaurant certificate can offer a full drinks menu (holder of publican's on-licence) or offer wine and bottled beer only (holder of a wine retailer's on-licence).

A full restaurant certificate is issued for the entire premises. A limited restaurant certificate is issued in respect of a portion of the premises 'only'. If a limited restaurant certificate is granted, the portion of thepremises with a restaurant certificate cannot contain a public bar.

How much does this application cost

There is a fee of €150 per application.

How to apply

1. Complete your application

If you are a legal practitioner and have an account in CSOL, you can complete the application in CSOL. Alternatively, you can complete form manually. The appropriate form is dependent on the existing licence or intended use:

2. Serve the notice parties

You must notify or serve the relevant notice parties for your application. If the application is submitted in CSOL, the notice parties are automatically notified. Alternatively, you can serve the notice manually. Please see our serving and proof of service page for more information.

For this application, the notice parties are:

  • An Garda Síochána must be notified at least ten days prior to the annual licensing court.
  • The HSE must be notified at least one month prior to the court date.

The Fire Officer is a not a statutory notice party (see Section 24 of the Fire Services Act 1981). However, in some districts, the practice is to notify the Fire Officer.

3. Submit your application

You can submit your application through CSOL or manually at the court office. The application must be lodged at least four days prior to the annual licensing court.

4. Provide proofs to the court office

You will have to provide the required supporting documentation or "proofs" to the court office. This must be done manually as there is currently no option to upload the "proofs" listed below through CSOL.

What proofs are required

  1. Original notice of application with relevant stamp duty. The application should state:
    • whether a full restaurant certificate or a limited restaurant certificate is being applied for,
    • and the type of on-licence attached to the premises.
  2. Statutory declaration of service (where the application is served manually).
  3. On-licence - Evidence that an on-licence (for example, a publican’s on-licence or a wine retailer’s on licence) is already attached to the premises. 

What additional proofs may be required

Each judge or district may have additional requirements. This may include all or some of the below proofs. It is advisable to check with your local court office.

For brand new restaurant certificate applications, the below proofs may be necessary:

  1. Plans - Plans showing the area proposed to be used as a restaurant and the restaurant facilities, for example, suitable kitchen, dry and cold storage areas, dining and staff areas.
  2. Public bar - For a limited restaurant certificate, confirmation that there is no public bar in the premises or relevant portion of the premises.
  3. Suitability for use as a restaurant - The court must be satisfied that the premises is structurally adapted for use as a restaurant and is bona fide and mainly used as a restaurant.
  4. Title documents.
  5. Evidence of compliance with planning permission and fire safety - The court should be satisfied that the premises has appropriate planning permission and is fire safe. This evidence should be given by a competent expert such as an architect.
  6. Company documents.
  7. Evidence from the officer in charge of An Garda Síochána for the district in which the premises is located - There is a statutory requirement to hear from the Superintendent that the premises are a restaurant for the purposes of the ILA 1927.

 

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