Husband retracting from his confession of divorce

Q: During a quarrel with one's wife, the husband said to his wife "We have no relationship" without the intention of divorce.

When the wife asked the husband what was his intention, the husband got angry and said that he had the intention of divorce but after some time later he said that he had no intention of divorce. He really said it without the intention of divorce.

My question is, the husband had no intention of divorce but he just said that he had the intention of divorce (he spoke a lie) so will divorce take place? 

Restaurant charging the customer a plate sharing fee

Q: In some restaurants, if a person orders a dish and wishes to share it with someone else at his table (e.g. a husband and wife order a dish and both wish to share it instead of ordering separate dishes), the restaurant will charge the second person a ‘plate sharing fee’. If the second person does not pay this fee, they will not be allowed to share in the dish of the first person. In Islam, is it permissible to charge a plate sharing fee?