Splitting a main dish, ordering two dishes for three people or dividing a portion between several customers is a common situation in restaurants. It can happen due to a reduced appetite, the desire to try several dishes or simply to control your spending. But there are also establishments that warn, right on the menu or at the entrance, that menus, portions or main dishes cannot be shared.
The question is simple: is it allowed? According to the Guide to Rules and Good Practices in Food and Drinks, prepared by the General Consumer Coordination and AHRESP, there is no specific rule that obliges restaurants to always allow sharing of dishes. The same guide indicates that sharing is traditionally accepted and considered good business practice. Even so, it admits that establishments can refuse it or charge for the associated additional service, as long as this information is accessible, visible and on the price list.
The guide is guidance for consumers and businesses, not a piece of legislation. Obligations relating to information and prices also arise from the , which regulates food and beverage establishments, and from the general price display regime.
Sharing dishes is common, but not an absolute right
Sharing meals is treated, in the guide from the General Consumer Directorate and AHRESP, as a standard practice in the restaurant sector. In other words, many restaurants allow two or more people to share a portion, a platter or a main dish.
However, this practice does not amount to a general legal obligation. According to the same guide, as there is no specific rule that regulates this matter, establishments are free to refuse to share portions or dishes, although this is not presented as the best commercial practice.
The guide deals directly with sharing portions and dishes. It does not expressly mention the division of menus, but the establishment may define its own conditions for menus of the day, promotional menus or other offers presented as individual ones. These conditions must, however, be communicated clearly before the request.
The rule should not only appear at the time of paying or after customers place the order. If the establishment does not allow sharing certain menus, portions or dishes, this information must be visible and accessible, especially in the price list available next to the entrance and inside the restaurant.
Can you also charge for sharing?
Yes. The restaurant may charge a fee for the additional service associated with sharing. The Guide to Rules and Good Practices in Food and Beverage expressly mentions the possibility of charging for the use of dishes, cutlery and their washing, as long as this information is posted in an accessible and visible place and appears in the price list.
This means that a restaurant can allow two customers to share a dish, but charge for crockery, cutlery and associated additional service. The essential point is always the same: the charge must be communicated to the consumer in advance. If the so-called sharing fee is not indicated in the price list, it should not appear as a surprise on the bill. The customer can dispute the charge and ask for clarification.
Information must be in the price list
Catering has its own rules about pricing. Article 135 of Decree-Law no.
The list must also include an indication that no dish, food product or drink, including cover charge, can be charged if it was not requested by the customer or unused by him. Prices for additional services, such as the use of crockery and cutlery for sharing, are subject to the general rules for posting service prices. They must therefore be clearly indicated before being provided. It is not enough for the waiter to say, at the end of the meal, that sharing the dish would cost extra.
What if the restaurant only gives you verbal notice?
A verbal notice does not, in itself, replace the information that must be posted and included in the price list. If the customer is only informed after ordering, after consuming or when paying, they may contest the charge due to lack of prior information.
Even if the notice is given verbally before the order, the establishment is still obliged to comply with the rules for displaying and publishing prices. In these cases, the consumer can ask to consult the price list and check where the rule or additional value appears. If the situation is not resolved, you can request the Complaints Book. This must be provided immediately and free of charge whenever requested.
There is a difference between main course, dose and buffet
Not all situations work exactly the same way. In an à la carte main course, the issue mainly involves the restaurant’s internal rules and the possible charge for an additional service. In a serving or serving dish, the presentation itself may suggest sharing. Even so, the establishment can define different conditions, as long as it communicates them in advance.
In buffets or all-you-can-eat food services sold per person, such as the so-called “all you can eat”, individual usage rules normally apply. These conditions must be clearly announced before consumption. The guide also states that these establishments may prevent customers from taking food to go or charge for food served and not eaten, as long as this information is provided in advance.
Can it be considered minimum consumption?
A ban on sharing dishes is not, in itself, a minimum consumption requirement. Minimum consumption exists when the establishment requires the customer to spend a certain amount. According to the Guide to Rules and Good Practices in Food and Beverage, this requirement is only permitted in establishments with rooms or spaces intended for dancing or shows. The information must be posted near the entrance and be visible from the outside.
A rule that states that a menu is individual or that a dish cannot be shared is different from requiring a fixed minimum expense per person. Still, both situations have something in common: the conditions must be clear before the customer places the order.
What can the customer do
If a customer enters a restaurant and finds it clearly indicated that certain dishes or menus cannot be shared, they should consider this information as a condition of service. If you do not agree, you can choose another dish, another consumption format or another establishment.
If the information was not visible and only appeared after the request or at the time of billing, the customer may question the rule or dispute the additional amount. You should ask to see where the condition is posted and where the possible cost appears in the price list. If the explanation is not enough, you can request the Complaints Book or make an electronic complaint. You can also communicate the situation to ASAE when there is a lack of pricing or charges not previously indicated.
The practical answer
Yes, a restaurant can refuse to share portions or main dishes. You can also charge an additional amount associated with sharing, namely for the use of dishes, cutlery and washing. In menus, the establishment may also define individual usage conditions, as long as these conditions are clearly communicated.
But there is an essential requirement: the rule must be announced in advance and, when there is a charge, the amount must be included in the price list. If the condition or fee only appears after the customer consumes, the situation can be challenged. In essence, the law does not require all restaurants to allow sharing of dishes. But the service conditions and respective prices need to be clear before the customer places the order.
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