Michael McDowell (Dublin South East, Progressive Democrats)

The Intoxicating Liquor Act 1988 created a special restaurant licence. It may be obtained from the Revenue Commissioners on foot of a Circuit Court certificate and on payment of a fee of €3,805. Despite reforms in the Intoxicating Liquor Act 2000, many unreasonable and discriminatory restrictions still apply to the special restaurant licence. The so-called declaratory procedure, whereby a person proposing to construct or acquire licensed premises may obtain the necessary court approval in advance, does not apply to applicants for this licence. Instead, an intending applicant is expected to undertake the investment in the restaurant without any guarantee that a Circuit Court certificate will eventually be granted. An applicant for a public house licence can, on the other hand, avail of the declaratory procedure and can secure the certificate before embarking on the project.

Holders of special restaurant licences are restricted from engaging in any other business that is not ancillary to the provision of substantial meals. This prohibits them from providing accommodation for guests, from operating fishing trips or horse riding, from operating a gift shop or from selling local crafts to guests. There are no prohibitions of this nature on vintners. Holders of the special restaurant licence are not allowed to obtain an occasional licence from the court for an event taking place at a location that is not licensed, even if the event for which the licence is being sought is a dinner or meal for a particular organisation or group which a restaurant would be well suited to providing. Intoxicating liquor cannot be served in such a restaurant while a menu is being considered but only when a meal is ordered. The fear presumably has been that guests might have a drink and then leave without having a meal, doing damage to local pubs by giving custom to restaurants. Alcohol served with a meal must be consumed before, during or within 30 minutes of completing a meal. Anybody who wants a drink after this 30 minute period is expected to visit the nearest public house or hotel. All alcoholic drinks must be paid for at the same time as the meal. This means a guest or member of a group cannot purchase drinks unless these are paid for by the host at the same time as the meal itself.

The fact that, 16 years after the 1988 Act, there are still only about 300 special restaurant licences may be explained by the continued operation of outdated restrictions which are designed to discourage its use and to make life difficult for those who go to the trouble of obtaining it. I propose to sweep away all these arcane restrictions. Most restaurants do not have a special restaurant licence and cannot sell beer or spirits. I reckon that only 10% of restaurants have gone through the process of getting those special certificates because they are so onerous.

As part of the reform package, I intend to retain and adapt the wine retailer's on-licence which I had originally intended to drop in favour of the café bar licence. In future, it may be obtained from the District Court, subject to payment of a fee, rather than directly from the Revenue Commissioners. On its own, it will be a licence to operate a wine bar and there are no size restrictions on such premises. Combined with a restaurant certificate, which is provided for in the draft Bill, it will continue to provide a basis for operating a restaurant and supplying all types of alcohol to persons consuming a substantial meal. It will still be possible for holders of this licence to apply for special exemption orders.

The reforms I am proposing to the licensing regime for restaurants, as well as the sweeping away of unnecessary and anti-competitive restrictions, will contribute in a practical and meaningful way to the development of a continental café restaurant culture in this country.

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