S.I. No. 213/1984 - Retail Prices (Food in Catering Establishments) Display Order, 1984.

S.I. No. 213 of 1984.

RETAIL PRICES (FOOD IN CATERING ESTABLISHMENTS) DISPLAY ORDER, 1984.

I, JOHN BRUTON, Minister for Industry, Trade, Commerce and Tourism, in exercise of the powers conferred on me by section 19 of the Prices Act, 1958 (No. 4 of 1958), as amended by section 5 of the Prices (Amendment) Act, 1972 (No. 20 of 1972), and the Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1983 ( S.I. No. 384 of 1983 ), hereby order as follows:

1. (1) This Order may be cited as the Retail Prices (Food in Catering Establishments) Display Order, 1984.

(2) This Order shall come into operation on the 1st day of September, 1984.

2. (1) In this Order "premises" includes vehicle and vessel.

(2) This Order applies to the following commodities, that is to say, foods sold to the public for consumption on the premises where they are sold including beverages (other than alcoholic beverages) but not including —

(a) biscuits not made at the premises where they are on sale,

(b) foods that are prepacked elsewhere than at the premises where they are on sale (other than sandwiches, bread, rolls, salads or meats or carbonated or aerated waters, whether coloured or not and whether flavoured or not, or fruit juices or similar beverages), or

(c) foods sold in conjunction with the provision of sleeping accommodation on the premises where they are sold,

and "food" and "foods" shall be construed accordingly.

(3) (a) A reference in this Order to the price charged for food is a reference to the retail price stated as a single amount and inclusive of any charge made for any tax payable in respect of the food.

(b) A reference in this Order to the charge made for any service is a reference to that charge stated as a single amount or as a percentage of an amount and inclusive of any charge made for any tax payable in respect of the service, being a service the charge for which is not included in the price of the food.

3. (1) Subject to the provisions of this Article, every person who carries on in the State the business of selling foods by retail shall display a notice or notices at the premises where the foods are sold —

(a) specifying each such food, and

(b) specifying in relation to each such food the price or prices charged therefor at the premises, and if the person charges a minimum price for any such food not included or not fully included in the prices aforesaid or makes (as a separate charge) a charge commonly known as a service charge or a charge commonly known as a cover charge or a charge for entry into the premises or for entertainment at the premises or any similar charge, the notice or notices shall specify the amount of any such price or of any such charge (whether stated as a percentage of an amount or otherwise) and the matters to which it relates and, if the said service charge is fully included in the prices specified in the notice or notices pursuant to subparagraph (b) of this paragraph, the notice or notices shall specify the fact of such inclusion.

(2) Where a person to whom paragraph (1) of this Article applies has on sale a group of foods intended to be sold together at a single inclusive price, the notice or notices displayed by him pursuant to the said paragraph (1) shall specify those foods and shall specify in relation thereto the single inclusive price charged therefor and, in the case of any of those foods that are not on sale as aforesaid separately from the others of those foods, it shall not be necessary for the notice or notices to specify them or their prices separately.

(3) Where a person to whom paragraph (1) of this Article applies has on sale a range of soups or ice creams or cakes, pastry, sandwiches or sandwich rolls or similar foods made mainly of flour, or carbonated or aerated waters, whether coloured or not and whether flavoured or not, or fruit juices or similar beverages, the notice or notices displayed by him pursuant to the said paragraph (1) may specify in relation to such range the highest price and the lowest price charged therefor and, if those prices are so specified, it shall not be necessary for the notice or notices to specify each food in each range, or their prices, separately.

(4) Where a person to whom paragraph (1) of this Article applies has on sale any food, or group of foods intended to be sold together at a single inclusive price, for which different prices are charged at different times or on different days, the notice or notices displayed by him pursuant to the said paragraph (1) shall specify the different prices and the circumstances in which they are chargeable.

4. (1) Subject to paragraph (2) of this Article, the following provisions shall have effect in relation to a notice or notices required by Article 3 of this Order to be displayed at premises, that is to say, the notice or notices shall be displayed —

(a) in case the whole of the premises is used for the purposes of the business of selling food by retail to the public (whether or not any part of the premises is also used for any other purpose), either immediately outside or immediately inside each entrance thereto open to the public,

(b) in case part only of the premises is used for the purposes of the business aforesaid (whether or not any of that part is also used for other purposes) and another part of the premises is used only for other purposes, either immediately outside or immediately inside each entrance open to the public to the part used for the purposes of such business, and

(c) in either case, in such a position as to be clearly visible and easily accessible to, and in such form and manner as to be capable of being easily read by, the persons using the entrances where it is or they are displayed pursuant to this paragraph.

(2) in the case of—

(a) a hotel, or

(b) a premises used for the purposes of the business specified in paragraph (1) (a) of this Article and also for the purposes of the business of either or both of the following, that is to say, a public bar used for the sale of intoxicating liquor and a lounge bar used for the sale of intoxicating liquor. the notice or notices aforesaid shall be displayed so as to comply with either subparagraph (a) or sub-paragraph (b) of paragraph (1) of this Article and with subparagraph (c) of that paragraph.

5. In any proceedings for an offence consisting of a contravention of Article 3 or 4 of this Order, it shall be a defence for the person charged to prove —

(a) that the commission of the offence was due to the act or default of another person or some other cause beyond his control, and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control.

GIVEN under my Official Seal, this 10th day of August, 1984.

JOHN BRUTON,

Minister for Industry, Trade,

Commerce and Tourism.

EXPLANATORY NOTE.

This Order requires that a comprehensive price list must be displayed in the case of every establishment (whether hotel, pub, restaurant, cafe, etc.) which offers food for sale which is intended for consumption on the premises.

Where the establishment consists solely of one or more food outlets, the notice must be displayed immediately outside or inside the entrance. However, where some other business is carried on (e.g. retail selling), the notice is to he displayed immediately outside or inside the entrance to the catering area. In the case of a hotel or public house, the notice can be displayed either at the entrance to the premises or at the entrance to the catering area.

All extra charges must be clearly specified.