An eating establishment is a company which prepares and serves food and drink to customers in return for money, either paid before the meal, after the meal, or with a running tab. Meals are generally served and eaten on premises, but many restaurants also offer take-out and food delivery services. Restaurants vary greatly in appearance and offerings, including a wide variety of the main chef's cuisines and service models.
CONCEPTS OF EATING ESTABLISHMENTS
Eating establishments range from unpretentious lunching or dining places catering to people working nearby, with simple food served in simple settings at low prices, to expensive establishments serving refined food and wines in a formal setting. In the former case, customers usually wear casual clothing. In the latter case, depending on culture and local traditions, customers might wear semi-casual, semi-formal, or formal wear.
Typically, customers sit at tables, their orders are taken by a waiter, who brings the food when it is ready, and the customers pay the bill before leaving. In finer restaurants there will be a host or hostess or even a maître d'hôtel to welcome customers and to seat them. Other staff waiting on customers include busboys and sommeliers.
Eating establishments often specialize in certain types of food or present a certain unifying, and often entertaining, theme. For example, there are seafood restaurants, vegetarian restaurants or ethnic restaurants. Generally speaking, restaurants selling food characteristic of the local culture are simply called restaurants, while restaurants selling food of foreign cultural origin are called ethnic restaurants.
LEGAL REQIREMENTS FOR EATING ESTABLISHMENTS
In addition to the provisions contained in the Health Act 1956, the Food Act 1981, the Food Hygiene Regulations 1974, and the Health (Registration of Premises) Regulations 1966 the following provisions shall apply with regard to the sale of food in the District:
No person shall be issued with a Certificate of Registration for any food premises or be an occupier of food premises (except a vehicle used for the carriage or delivery of food for sale) except in accordance with the provisions of the Food Hygiene Regulations 1974, and the Health (Registration of Premises) Regulations 1966 and the following requirements:
a. The person has passed an approved Basic Food Hygiene Course, and will normally be present at the food premises when food manufacture, preparation, handling, sale or ancillary processes incidental thereto are being undertaken; or
b. There will be working full-time on the premises a manager, or staff member with sufficient authority and with specific responsibility for staff training and supervision who has passed an approved Basic Food Hygiene Course and is actually involved in food manufacture, preparation and handling at that specific premises.
In addition to the requirements of above, any food premises employing food handlers shall ensure that at least 75% of all food handlers (including part-time workers) employed on those premises at any one time shall have passed an approved Basic Food Hygiene Course either before they commenced work on those premises or within 3 months of commencing work on those premises.
Exemption from qualifications
An environmental health officer may grant an exemption from the qualification requirements of this bylaw if satisfied that it would be unreasonable or impractical to insist on compliance, having regard to the type of premises, or types of food being packed, stored, handled or sold.
The holder of the Certificate of Registration or the occupier of the food premises shall be responsible for ensuring that adequate records relating to the training of staff in matters relating to food hygiene and food safety and copies of all certificates or other evidence of persons employed on those premises having passed an approved Basic Food Hygiene Course or other qualifications are kept on the premises where the food handlers concerned are employed.
Availability of training records
The holder of the Certificate of Registration or the occupier of the food premises shall on request make available for perusal by any environmental health officer the records required to be kept pursuant to clause 15.3.4.
Prior to the annual registration of food premises and in the case of food premises not required to be registered then at appropriate annual intervals, the environmental health officer will, following an inspection, provide a grading for the premises.
A Certificate of Grading (the "Grading Certificate") resulting from the inspections noting the appropriate classification of the grading as determined by the environmental health officer will be delivered to the applicant together with the annual certificate of registration where the applicant qualified for the annual certificate of registration or at appropriate intervals where the premises is not subject to annual registration.
The grading shall remain in place for a period of 2 months from the date of issue before any application for regrading will be considered.
Grading Certificate to be displayed
The current Grading Certificate shall be conspicuously displayed at the principal entrance in full view and unobscured. An environmental health officer may approve an alternative display position in situations where the officer deems it necessary.
It is an offence under this bylaw to display a Grading Certificate that is not current.
No person shall let for hire any utensil, dish, glass, crockery, cutlery, appliance, similar item or other equipment for use in the service or consumption of food unless such utensil, dish, glass, crockery, cutlery, appliance, similar item or other equipment has been effectively cleansed and rendered hygienic by one of the methods detailed in Regulation 35 of the Food Hygiene Regulations 1974.
No cardboard container which has been previously used for containing unwashed utensils, dishes, crockery, cutlery, glasses, appliances or similar items shall again be used for containing utensils, dishes, glasses, appliances or similar items intended for use in the service and consumption of food after they have been washed and rendered hygienic in accordance with the provisions .
BYLAWS CONTROLING THE EATING PREMISES
This bylaw allows environmental health officers of the council to take action against dirty and unhygienic food premises.
Where food premises are operated in such a way that food may be contaminated or tainted it provides for an environmental health officer to close the premises for cleaning or repair. It further allows the council to seek an injunction against a food premises operator who continues to operate after the revocation of a certificate of registration by the council.
This bylaw also requires that by defined dates certain food premises owners and members of the staff of the food premises must have appropriate training and qualification in food hygiene. The purpose of this is to improve the standard of food protection in food outlets in the city, and reduce the incidence of food-related diseases. It also provides for the grading of food premises and makes it mandatory for a Grading Certificate to be displayed where it can be seen by members of the public thereby creating motivation to improve standards and obtain a higher grading.
Standards of construction and maintenance of food premises and conduct of workers engaged in food premises are generally prescribed by the Food Hygiene Regulations 1974, but these are silent in respect of food handler training.
Provision is also made for the approval of premises which hire out crockery, glasses, etc to the public to ensure that such equipment is thoroughly cleaned between such usage. Thse by laws covers the following:
This refers to the registration of food premises required by the Food Hygiene Regulations 1974 and the Health (Registration of Premises) Regulations 1966.
Approved basic food hygiene course
This refers to a training programme which has been accredited by the New Zealand Qualifications Authority for the purposes of food preparation and handling, or an alternative course in food hygiene approved in writing by an environmental health officer.
Certificate of registration
A certificate of registration as required by the Health (Registration of Premises) Regulations 1966.
Rebecca L. Spang, The Invention of the Restaurant: Paris and Modern
Gastronomic Culture (Harvard University Press, 2001), ISBN 978-0-674-00685-0
Ellis, Steven J. R. (2004): "The Distribution of Bars at Pompeii:
Archaeological, Spatial and Viewshed Analyses", Journal of Roman Archaeology, Vol. 17, pp. 371–384 (374f.).
Kerry Miller, "The Restaurant Failure Myth", Business Week, April 16,
2007. Cites an article by H.G. Parsa in Cornell Hotel & Restaurant Administration Quarterly, published August, 2005
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