Know your rights when eating out
January 2008
As a consumer you have a wide range of rights when you eat out in a restaurant, café or other outlet. For example, you have the right to:
- Be informed in advance of the prices and charges that apply
- A meal that is of a satisfactory standard and lives up to what was promised on the menu
- Food that is prepared in a safe, hygienic environment
Displayed prices
Under the law, food outlets such as restaurants, cafés and pubs must give certain price information to consumers before they order. The premises must display its prices outside or inside the entrance, as well as on its menus or on a clear display in the room such as a blackboard.
The displayed prices must be inclusive of taxes and charges. The price list must also show if there is:
- A minimum charge
- A service charge
- Any other charge such as a cover charge
These regulations about price displays are called the Retail Price (Food in Catering Establishments) Display Order, 1984. They are enforced by the National Consumer Agency, and if the prices aren't being properly displayed you can bring this to their attention.
Service charges and tips
If you’re in a large group, look out for service charges. Many restaurants will apply these for groups such as a party of 10 people or more. Service charges can vary from 5% to 15%. The service charge must be displayed on the price list.
- You can leave a tip for the waiting staff to reward good service. Tipping is discretionary and is not a legal requirement. Tips are usually about 10% to 12% of the bill
- There is no need to leave a tip if there is a service charge included in your bill
Hygiene standards
Any place selling food – whether it is a pub, restaurant, shop or takeaway – must maintain hygienic premises and the food that it sells must be safe to eat.
Look out for the following when choosing a place to eat:
- Are the premises clean? All areas including toilets and bathrooms should be clean. Work surfaces, tables and utensils should also be spotless
- If you can see the food being prepared, check that the staff are applying proper hygiene standards. Their hands, nails and uniforms should be clean. Hair should be tied back
- In premises such as pubs, cafés and sandwich bars, staff should not handle both food and money without washing hands first or using gloves
- Heated meals – particularly meats such as chicken or pork – should be piping hot
Making a complaint
There may be various grounds for making a complaint about the food you were served, such as finding the meal was unsatisfactory and telling the staff about this, but then being presented with a bill which included the cost of the uneaten dishes.
You may not be entitled to get your whole meal for free if only one dish is below standard, but you should not be expected to pay for this sub-standard course.
Other reasons to complain include:
- The food not being as described on the menu. You have a right to expect the descriptions on the menu to be accurate, and if you were tempted into the restaurant by the sound of "home-made soup" and then get served something from a tin, you have a right to reject that item
- Finding a foreign object in your food
- Being unhappy with the hygiene standards in the premises
Making an effective complaint will not only ensure that the problem is rectified to your satisfaction but also that the establishment does not continue with poor standards.
Further action
If the serving staff do not resolve your complaint, you should then complain to the manager or person in charge. Do this as quickly as possible, preferably in person and at the time.
State your problem and how you would like it to be solved. Remain calm. If it is still not resolved, keep a note as soon as you can afterwards of the conversations you had.
If you have a complaint about standards of food or premises, contact the Environmental Health Officer (EHO) in your Health Service Executive (HSE) Area. The EHO will ask you to fill out an official complaint form.
They may send the unfit food to a Public Analyst Laboratory for analysis (or you can have food analysed independently, but this can cost about €130).
You can also contact the Food Safety Authority, which may issue an enforcement order for the breach of food safety legislation. If the breach is serious, it may issue a closure order.
If you become ill, contact your doctor at once. You can also contact the Public Health Doctor in your Health Service Executive (HSE) Area.
If your complaint is not solved to your satisfaction, you can take it to the Small Claims Court. This process handles claims of up to €2,000 quickly and cheaply (the cost is €15), and you do not have to hire a solicitor.
Learn more
Read our full consumer guide about price displays
Find out how the Small Claims process works