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Corking your own bottle of wine in a restaurant

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  • 06-01-2012 2:01pm
    #1
    billymitchell
    Registered Users Posts: 11,996 ✭✭✭✭


    Been talking about corkage charges in restaurant here in work, and I was just wondering, is it illegal(or otherwise) to bring your own bottle of wine to a restaurant and open it yourself, thus avoiding the corkage fee. Because techincally, they are not corking the bottle for you.

    I am sure that restaurants probably have rules in place about you brining in your own alcohol to the premises, and I aint really thinking this through fully, just curious as to what the story is with it


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    #2
    Kenny Logins
    Registered Users Posts: 9,060 ✭✭✭Kenny Logins


    Assuming you're not taking the piss, I think you're missing the point slightly - if that were the case you could just bring screw caps.


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    #3
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    You have about the same chance of getting away with it as you would have if you brought in a McDonald's takeaway and occupied a table in order to eat it.


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    #4
    rgfuller
    Registered Users Posts: 682 ✭✭✭rgfuller


    Would you bring your own glasses too, and take away the empty bottle ?


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    #5
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    I'm wondering if there are some legal issues around this. A restaurant is a public place, as well as being a licensed premises. Generally, it is not allowed to consume alcohol in a public place. By charging a corkage fee, you are technically purchasing the alcohol, thus allowing you to consume it.

    I'd be interested if anyone can confirm my thoughts.


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    #6
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Would you go to a pub and bring your own cans?...no...well some scumbag people do,

    If the restaurant is selling wine then they have a license and as such they are no different to a pub in that respect.


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    #7
    billymitchell
    Registered Users Posts: 11,996 ✭✭✭✭billymitchell


    Kenny Logins wrote: »
    Assuming you're not taking the piss, I think you're missing the point slightly - if that were the case you could just bring screw caps.
    P. Breathnach wrote: »
    You have about the same chance of getting away with it as you would have if you brought in a McDonald's takeaway and occupied a table in order to eat it.
    rgfuller wrote: »
    Would you bring your own glasses too, and take away the empty bottle ?

    Thanks lads, very helpful.
    dudara wrote: »
    I'm wondering if there are some legal issues around this. A restaurant is a public place, as well as being a licensed premises. Generally, it is not allowed to consume alcohol in a public place. By charging a corkage fee, you are technically purchasing the alcohol, thus allowing you to consume it.

    I'd be interested if anyone can confirm my thoughts.

    Thats what I was kind of wondering. Is the corkage fee akin to buying the alcohol on premises, or what is the licencing law on corkage.
    I just dont know is there anything legally stopping you bringing in a bottle of wine into a licence premises and drinking it.

    Just found this, might answer my question
    http://www.corkage.ie/corkage-explained.asp


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    #8
    Del2005
    Registered Users Posts: 18,998 ✭✭✭✭Del2005


    billymitchell wrote: »
    Been talking about corkage charges in restaurant here in work, and I was just wondering, is it illegal(or otherwise) to bring your own bottle of wine to a restaurant and open it yourself, thus avoiding the corkage fee. Because techincally, they are not corking the bottle for you.

    I am sure that restaurants probably have rules in place about you brining in your own alcohol to the premises, and I aint really thinking this through fully, just curious as to what the story is with it

    They aren't charging you to open it. They are charging for the glasses and associated costs. Plenty of places that don't have a liquor licence allow BYO. But if they sell alcohol then unless it's a very special drink they won't allow you drink it on their premises, which is only fair.

    Edit, a licensed premises is only licensed to consume alcohol purchased on the premises, look at the sign hidden somewhere around the bar or entrance. That's why not all pubs sell take away as that's a separate licence.


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    #9
    billymitchell
    Registered Users Posts: 11,996 ✭✭✭✭billymitchell


    Del2005 wrote: »
    They aren't charging you to open it. They are charging for the glasses and associated costs. Plenty of places that don't have a liquor licence allow BYO. But if they sell alcohol then unless it's a very special drink they won't allow you drink it on their premises, which is only fair.

    Edit, a licensed premises is only licensed to consume alcohol purchased on the premises, look at the sign hidden somewhere around the bar or entrance. That's why not all pubs sell take away as that's a separate licence.

    How does corkage work so? I've been to restaurants to sell wine and also offer a corkage fee. Now that wine wasnt bought on that premises, but I am allowed to drink it there.


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    #10
    Del2005
    Registered Users Posts: 18,998 ✭✭✭✭Del2005


    billymitchell wrote: »
    How does corkage work so? I've been to restaurants to sell wine and also offer a corkage fee. Now that wine wasnt bought on that premises, but I am allowed to drink it there.

    Not too sure but a wine licence is different to a liquor licence.

    With wine being such a personal choice and most restaurants not selling enough to warrant purchasing bottles of expensive wines, to sell by the glass, it makes sense for them to allow a customer drink their own wine. But you're still using their glasses and staff so they need some come back, which should be above the cost of cheap plonk from the supermarket.


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