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Declaration as to suitability of licensed premises for restaurant certificate or limited restaurant certificate.
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16.—(1) Where a person proposes to acquire, construct or alter premises and to apply for the grant of a restaurant certificate, within the meaning of section 12 of the Act of 1927, in relation to the premises, he may apply to the Court to which it is proposed to apply for the grant of the restaurant certificate for a declaration that the premises would be structurally adapted for use as a restaurant, refreshment house or other place for supplying substantial meals to the public, and the Court, if it is so satisfied, may grant the application on such terms as it may think fit.
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(2) Where a person proposes to acquire, construct or alter premises and to apply for the grant of a limited restaurant certificate, within the meaning of section 12A of the Act of 1927, in relation to any portion of the premises, he may apply to the Court to which it is proposed to apply for the grant of the limited restaurant certificate for a declaration that—
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(a) that portion of the premises would be structurally adapted for use as a restaurant, refreshment house or other place for supplying substantial meals to the public,
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(b) that portion of the premises would not include a public bar, or part of a room in another part of which there would be a public bar, and
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(c) there would be public access to that portion of the premises otherwise than through a public bar,
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and the Court, if it is so satisfied, may grant the application on such terms as it may think fit.
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(3) The intending applicant under either of the foregoing subsections of this section shall give the Superintendent of the Garda Síochána, within whose district it is proposed to have the premises, at least ten days' notice in writing of intention to make the application and cause to be deposited with the said Superintendent a copy of the plans of the premises.
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(4) An application under either subsection (1) or subsection (2) of this section shall be accompanied by a plan of the premises.
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(5) A declaration under this section shall remain in force for two years from the grant of the application or for such longer period as the Court granting the application may in any particular case think proper to provide.
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(6) In this section “public bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.
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