Food And Beverage Law Frequently Asked Questions

What Planning Permission do I need when opening new premises?

Whether you are opening a new café, restaurant or takeaway, you will likely require planning permission with two main aspects to be considered – what can be built and what it can be used for. If, for example, a new coffee shop is being established on the site of an existing coffee shop, the existing planning permission may be suitable although it will still be checked. If the developer is establishing a coffee shop in a new location which did not have one previously then a ‘change of use’ planning permission will most probably be required. It is also worthwhile noting that whilst most buildings can take a restaurant the planning conditions may prohibit it.

What is a franchise?

Franchising is a proven method to scale a business and some of the most successful Food & Beverage brands in the world are franchised. A franchise is a contracted agreement to operate someone’s brand under strict terms and conditions. It involves assistance and support from the franchisor (the person or company that grants the license to a third party for the conducting of a business under their marks) to the franchisee (a person or company who is granted a license to do business under the trademark and trade name by the franchisor).

In a franchise, the franchisee usually pays the franchisor an upfront fee, royalties, and sometimes even a monthly or annual fee, and in return will likely receive access to and permission to use the franchise branding, know-how and assistance. This typically makes a franchise more expensive than a standard licence agreement.

Another important aspect of franchise agreements is that you may be granted a specific region thereby protecting your business from other similar franchises being opened within your region.

Planning permission is especially important for franchises as Head Office may dictate specific layouts and designs which may need additional permissions sought.

What is a licence?

A licence is a contract which one party grants another permission to use the licensor’s brand name and/or other intellectual property (IP) rights (such as copyrights, designs or trade secrets). The party licensing their IP is unlikely to receive any royalties and the licensee does not receive any business assistance the way they would if they were a franchisee.

What are the main Food & Beverage Governing authorities?

In Ireland the main advisory authorities for the Food & Beverage sector are:

Food Safety Authority of Ireland (FSAI) - The Authority is a statutory, independent and science-based body, dedicated to protecting public health and consumer interests in the area of food safety and hygiene. Its main function is to ensure that food produced, distributed or marketed in Ireland meets the highest standards of food safety and hygiene reasonably available and to ensure that food complies with legal requirements and recognised codes of good practice.

Health & Safety Authority (HSA) - The HSA is the body responsible for ensuring the highest standards of safety, health and welfare for Irish businesses and their workers. It has specific guidelines for food & beverage owners to follow in order to protect their employees and customers from a wide range of risks such as falls, cuts and burns.

Local Authorities - When opening new premises, an application for planning permission must be sought through the local authority. Planning is a public process and is subject to various checks and balances.

Can I be restricted in my opening times?

Planning permission can often dictate the hours in which you may operate. For example, planning permission may insist your business stops serving food/drink at midnight due to a residential area nearby.

Food & Beverage operators based in shopping centres or entertainment complexes may also be restricted to the centre’s opening and closing times.

What insurances do I need?

There are many different types of business and commercial insurances available for Food & Beverage businesses. There is no ‘one size fits all’ policy, and there are different levels of cover available. Whilst insurances can prove costly they can provide compensation and peace of mind should things go wrong.

The most common insurance required by business owners is Public Liability Insurance. Whilst not compulsory, this type of liability insurance is a standard commercial insurance policy that protects its policyholders against liability claims for property damage and bodily injury.

If food & beverage business owners hire employees they will require Employers Liability Insurance. This insurance will protect employers against claims for injury, illness, disease or death of any employee under a contract of service with their business.

Businesses will also require Fire Insurance unless their building is leased. If the premises are leased it is usually the responsibility of the property owners to provide Fire Insurance.

What should I do next?

If you would like more information about Food and Beverage law and how it applies to your business or would like to see one of our Solicitors, please get in touch to make an appointment.

What Our Clients Say

  • Costa Coffee Logo

    Clarke Jeffers & Co provide Costa Coffee Ireland with bespoke property and conveyancing advice.  They understand Costa’s business and requirements and they offer sound legal advice with an excellent knowledge of the retail property market and the general business climate, Clarke Jeffers add value

    Director, Costa Coffee Ireland

  • Saladbox Logo

    Introducing a new franchise into the country gets a whole lot easier when you hire a firm who know exactly what they are doing. Clarke Jeffers excelled in their industry knowledge and insight.

    Michael Kelly, CEO Saladbox Ireland

  • Gordon Darcy

    As an Irish international rugby player I am used to having people I can rely on, both on the pitch and off. Clarke Jeffers to me is a safe pair of hands whose integrity cannot be questioned. They provide me with advice I can trust. That to me is what is important.

    Gordon Darcy, Rugby International, Leinster & Ireland

  • Planning & Design Solutions

    Over the past number years our Company has used Clarke Jeffers Solicitors to handle our business needs. When dealing with matters on our behalf we have always been delighted to know that Clarke Jeffers is acting for us and they have clearly demonstrated a principle of “pro-activity” rather than “reactivity”. The turnaround of paperwork is swift and sure footed and their engaging and unflappable manner when dealing with difficult issues has only helped us grow as a company.

    Giles Lloyd, Director

  • Irish Pony Club

    The Irish Pony Club has for several generations enjoyed the comfort of the professional services of Clarke Jeffers & Co. Solicitors, Carlow. We very much look forward to the continuation of this association into the future.

    Chairman & Director, I.P.C

  • P&A Group

    P&A Insolvency Services is a market leader in the provision of insolvency services in Ireland. We demand that all our professionals have the highest form of expertise and experience in the commercial sector. We have employed Clarke Jeffers & Co. in Liquidations, Company restructures and Examinerships. Their knowledge of the sector and expertise in insolvency matters is hugely impressive. Most impressive however is their ability to turn problems into solutions. Victor and his team are an easy choice for us.

    Jason Sheehy, Director

  • Glenda Gilson

    Victor and his team are fantastically reliable to deal with. They “get” commercial contracts and understand the need to be practical. Without question they are serious operators.

    Glenda Gilson, Model & TV Presenter

  • Trust Matters Logo

    Clarke Jeffers provide solutions to complicated commercial issues for our clients on a weekly basis.  Their knowledge of the tightly regulated pensions sector is exceptional and the ease at which they go about their business is very impressive.

    Andrew O’Loughlin, Managing Director

  • Kilkea Castle Hotel & Golf Resort

    When it comes to food and beverage we have a one stop shop in Clarke Jeffers. They know the industry, they know what’s required and most importantly, they know how to provide it quickly.  For a luxury hotel and golf resort, that is priceless.

    Aidan O’Sullivan, General Manager

  • Prestige vehicle Logistics Ltd

    We have been with Clarke Jeffers for many years now. They have a great attitude. Dare I say very commercial and not typically Solicitor like. They always exceed what we expect.

    Erik Holstein, Managing Director

  • 12 acres brewing Co

    12 acres brewing retains the services of Victor Clarke of Clarke Jeffers & Co Solicitors for commercial legal advice. We find his advice clear thinking and very practical.

    Paddy McDonald, Director

  • Codd Mushrooms

    Codd Mushrooms is a large horticultural company based in Carlow. We have been clients of Clarke Jeffers for many years, and we have a very good working relationship with Victor, William and their team. Their knowledge of our industry, and the professional manner that they conduct business is exemplary. Their ‘can do attitude’ to difficult business situations is certainly a breath of fresh air.

    Leslie Codd, CEO

  • Dominos Pizza

    We need a firm of lawyers that know how to help us expand our business. They need to have in-depth industry knowledge and understand how a modern food and beverage business works in the real world. Clarke Jeffers fit this brief perfectly. Simply put we trust them not only to keep up with our business but to keep it right.

    Serghei Jolondcovschi, Director CSJ Master t/a Domino’s Pizza

  • KFC Logo

    Clarke Jeffers provide us with insightful and practical advice that we feel adds value to our business. Their understanding and knowledge of the fast food industry is top class.

    MBBC Foods (Ireland) Ltd

  • DNG Logo

    I found Victor and Staff very professional to deal with but in a friendly and relaxed fashion, the advice and confidence I gained from this team was second to none and I am very grateful to all at Clarke Jeffers for their help over the past 12 months. I would recommend them without hesitation for all aspects of Legal Advice.

    Marcus McCormack, Managing Director

  • Blacknight Hosting

    We’ve worked closely with Clarke Jeffers over the last 8 years and I cannot recommend their services highly enough. We’ve always found their staff to be highly professional, responsive and they have helped us resolve issues quickly.

    Michele Neylon, Managing Director

  • Aspray

    Victor has an excellent understanding of the business of franchising, I found his advice invaluable when I was starting my own business and negotiating my contract, I would have no hesitation in recommending Clarke Jeffers for sound business and legal advice’.

    Paddy McDonald, Managing Director

  • Energie Fitness Clubs

    As Ireland’s largest chain of fitness clubs and a key player in the Irish franchising sector, we have been involved in numerous commercial transactions, negotiations and of course the odd conflict along the way! Victor and the team at Clarke Jeffers has been an invaluable asset to us on this journey. From when we started in 2005 with our first club and our first member to a membership today of over 25,000 in Ireland alone, Clarke Jeffers has been there every step of the way.

    John Hannaford, Director

  • Watchie

    We have always been very happy with the representation and advice from Clarke Jeffers. Firstly they are proactive and on the ball, secondly they have a “what we can do as opposed to what we can’t do approach. They possess the type of forward thinking that a progressive business such as ours demands.

    Erik Holstein

  • OToole Composting

    We have worked with Clarke Jeffers & Co solicitors for many years. They have consistently given us clear and easy to understand advice. Most importantly, they have give us effective advice. A very professional outfit.

    Patrick O’Toole, Director

  • Finance Business

    Clarke Jeffers understand our business. The speed and accuracy of their responses to our needs is testament to their awareness of the commercial issues we face. We have absolute confidence in their ability to advise us on an ongoing basis.

    Paddy Kavanagh, Managing Director

Image
New Call-to-action
Image

DUBLIN OFFICE

Clarke Jeffers Solicitors
The Mews, Fitzwilliam Hall
Fitzwilliam Place
Dublin 2

Tel: +353 1567 5938

Image

CARLOW OFFICE

Clarke Jeffers Solicitors
30 Dublin Street
Carlow
Ireland

Tel: +353 59 913 1656