I move:
That Dáil Éireann approves the following Regulations in draft:
Special Restaurant Licence (Standards) Regulations, 1988.
a copy of which Regulations in draft was laid before the House on the 23rd day of June, 1988.
The recently enacted Intoxicating Liquor Act, 1988, allows restaurants which comply with prescribed standards to apply for the first time through the courts for a special restaurant licence. This licence will enable such restaurants to supply a full range of intoxicating liquor to their patrons but only in connection with the consumption of a substantial meal.
I am already on record on numerous occasions welcoming the licensing of restaurants which I see as a most positive development from the tourism viewpoint. I am also in agreement, however, with the principle underlying this Act, that the extension of licensing to the restaurant sector should be handled carefully and in a responsible manner. A Bord Fáilte certificate certifying that the restaurant complies with standards prescribed in regulations made by the Minister for Tourism and Transport under section 12 of the Act will be a prerequisite for the grant of a special licence. Accordingly I now place before the House for approval, in accordance with section 24 of the Act, a draft of the regulations which I propose to make in relation to standards for restaurants for the purposes of a special restaurant licence.
Before we embark on a discussion on the Regulations I should like to point to a number of important provisions already written into the enabling legislation strictly controlling the sale and supply of liquor in restaurants. Under the Intoxicating Liquor Act, 1988, a restaurant in receipt of a special restaurant licence cannot, for example, contain a bar. Furthermore, drinks can only be ordered at the same time as a substantial meal is being ordered. If a restaurant should have a waiting area, such area cannot exceed 20 per cent of the size of the floor area of the dining area. The Act also gives Bord Fáilte clear powers in section 23 to revoke a restaurant's certificate if standards are not being complied with. The draft restaurant regulations now before the House are designed to ensure that only genuine, good quality restaurants can even be considered for a licence in the first instance.
The House will see that the regulations are comprehensive and detail standards covering all aspects of a restaurant's operation. They are set out very clearly and are largely self-explanatory. In summary, they include requirements covering such aspects of a restaurant and its operation as: the physical structure and layout of the restaurant; furnishings and fittings in relation to waiting, dining, kitchen and service areas, cloakrooms and toilets; menus, catering, hygiene, management and staffing.
The whole objective of the regulations is to ensure that the special restaurant licences will be available only to restaurants of good standard whose primary business is the serving of full meals to the public. The supply of intoxicating liquor will be merely ancillary to their catering business. This point has already been made most forcefully by my colleague, the Minister for Justice, during the Dáil debate on the provisions of the Bill.
The regulations will be implemented by Bord Fáilte who will be the inspecting authority. Bord Fáilte are the body statutorily charged with the registration and grading of hotels, guesthouses and other forms of tourist accommodation. Monitoring of standards and inspection of these establishments have, of necessity, involved the board for many years in restaurant and catering standards. The board have also introduced a voluntary inspection of restaurants for the purposes of inclusion in their annual "Dining in Ireland" publication. The resultant level of expertise which the board have developed means that they possess the necessary credentials and competence to undertake their role under this piece of legislation. I can assure the House today that the regulations will be both rigidly and fairly enforced by the board. Under no circumstances will a restaurant be certified unless it complies fully with the provisions of the Act and these regulations.
The draft Regulations provide for the inspection of restaurants at least once a year by the board. Where warranted, the board will not hesitate to exercise their powers under section 13 of the Act which enables them to revoke a restaurant's certificate at any time if the restaurant does not continue to comply with the standards laid down.
Inspection and application procedures for a Bord Fáilte certificate are set out in Part II of the regulations. Applications must be accompanied by an application and inspection fee of £325 stipulated in the Second Schedule. This fee and the £75 certification fee are pitched at these levels to cover the cost to Bord Fáilte of processing applications, verifying entries, carrying out inspections, preparing reports, issuing certificates, maintaining a register and enforcing the regulations throughout the year. Fees at lower levels would effectively mean that the State would be subsidising the restaurant sector to ensure that they satisfy the statutory requirements for liquor licensing.
For some time now our overseas visitors, particularly European and US visitors, have been expressing surprise at the fact that they could not enjoy our national beverages with their meals. This new restaurant facility undoubtedly gives a boost to Irish tourism and indeed to the sale of a whole range of Irish alcoholic beverages hitherto not available in restaurants. We owe it to our visitors and, indeed, to our own people to provide this facility. The draft regulations now before the House will ensure that they can enjoy this facility with their meal and in the confines of a good quality restaurant.
Once the regulations are approved by both Houses of the Oireachtas it is my intention that a commencement order be introduced immediately. This will allow restaurants to apply straight away to Bord Fáilte for a certificate of approval and give them the opportunity of securing the special restaurant licence at the earliest opportunity. I should now like to commend these draft regulations to the House for approval.