Replies to LegCo questions
LCQ15: Liquor-licensed premises
Following is a question by the Hon Kam Nai-wai and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(November 30):
Question:
In recent years, quite a number of members of the public have complained that
they were disturbed by the noises and hygiene problems generated by bars and
restaurants near their residences which have seriously affected their daily
lives as well as work and rest. Some members of the community have requested the
Government to review its policies on the issue of liquor licences and the
enforcement of regulation of liquor-licensed premises. In this connection, will
the Government inform this Council of:
(a) the respective numbers of complaints received by the authorities about the
noises and hygiene problems caused by bars and restaurants in Central and
Western, Wan Chai and Yau Tsim Mong Districts in each of the past three years,
together with a breakdown by the government department receiving such complaints
(i.e. the Hong Kong Police Force, the Food and Environmental Hygiene Department
and the Environmental Protection Department);
(b) the respective numbers of enforcement actions taken by the Hong Kong Police
Force in each of the past three years against bars and restaurants in Central
and Western, Wan Chai and Yau Tsim Mong Districts for violating the licensing
conditions of liquor licences, and the numbers of cases in which prosecutions
were instituted; and
(c) the respective numbers of liquor licences issued by the Liquor Licensing
Board in respect of the premises in Central and Western, Wan Chai and Yau Tsim
Mong Districts in each of the past three years; among them, the number of
licences permitting the sale of liquors beyond midnight; and the number of cases
in which the Liquor Licensing Board had, targeting at the liquor-licensed
premises under complaint, penalised the licensees or revoked their licences?
Reply:
President,
Hong Kong is a cosmopolitan city. Catering, tourism, leisure and entertainment
industries play an important role in Hong Kong's economic development, and
liquor business is a key component of these industries. However, Hong Kong is
densely populated and some licensed premises selling liquor for consumption
(liquor-licensed premises) are located in districts or property developments
with mixed uses including residential use, affecting residents living nearby to
different degrees. This situation is more commonly found in Central and Western,
Wan Chai and Yau Tsim Mong Districts. The Government has to strike a balance
among various needs. On one hand, it would like to nurture a business friendly
environment for the industry to grow, but on the other it needs to minimise the
impact of liquor-licensed premises on the surrounding environment.
At present, the Liquor Licensing Board (LLB), an independent statutory body to
consider liquor licence applications, adopts an open, transparent and fair
approach in considering applications and aims to balance the interests of
legitimate commercial activities and those of the locality. Pursuant to the
Dutiable Commodities (Liquor) Regulations (Cap. 109B), LLB has to consider three
factors when deciding on each application, namely (i) whether the applicant is a
fit and proper person to hold the licence; (ii) whether the premises are
suitable for selling and supplying intoxicating liquor, having regard to the
location and structure of the premises and the fire safety and hygienic
conditions in the premises; and (iii) whether in all the circumstances the grant
of the licence is not contrary to public interest. LLB will impose conditions in
liquor licences as it thinks fit, which may include additional licensing
conditions for the purpose of minimising the nuisance caused to nearby residents
by certain liquor-licensed premises, such as restricting the liquor-selling
hours, requiring all doors and windows of the premises to be closed after
specific hours and prohibiting the playing of music or the use of amplifiers.
The Police are the main enforcement department for the liquor licensing regime.
Other relevant government departments also enforce the laws and regulations
under their respective purview with regard to these premises. The enforcement
agencies conduct regular and surprise checks on liquor-licensed premises so as
to ensure continued compliance with the respective statutory or administrative
requirements. In areas where liquor-licensed premises have a greater impact on
nearby residents, the departments concerned will step up inspection and
enforcement actions, including conducting late night inter-departmental joint
operations and giving advices, warnings or instituting prosecutions against
those premises which caused nuisance to the public, according to the nature and
seriousness of each case. Besides, government departments organise publicity and
education activities from time to time to remind liquor-licensed premises to
comply with license requirements, maintain environmental hygiene and avoid
making excessive noise.
My reply to the various parts of the question is as follows:
(a) Most liquor-licensed premises concurrently hold Restaurant Licences or
Certificates of Compliance for clubs. There is no standardised method of further
categorising the nature of business of individual liquor-licensed premises (e.g.
as bar or restaurant) among LLB and the enforcement departments. Hence we can
only provide information according to the statistics kept by the departments.
Annex 1 lists out the number of complaints received by the Food and
Environmental Hygiene Department (FEHD) and the Environmental Protection
Department (EPD) about noise and environmental hygiene problems caused by
liquor-licensed premises in Central and Western, Wan Chai and Yau Tsim Mong
Districts from 2009 to October this year, as well as the number of complaints
received by the Police about noise and obstruction in relation to upstairs bars
during the same period in the said three districts.
(b) The detailed statistics on enforcement and prosecution actions of the Police
in relation to liquor-licensed premises in the said districts during the same
period are at Annex 2.
(c) The number of liquor licences and information on restricted hours of selling
liquor in the said three districts are at Annex 3.
Pursuant to the Dutiable Commodities (Liquor) Regulations (Cap. 109B), in
considering whether an application by liquor-licensed premises for licence
renewal should be approved (including whether to issue the licence for a period
of less than one year, impose additional licensing conditions or refuse the
renewal application), or whether the liquor licence of a liquor-licensed
premises should be revoked, matters relating to the three factors mentioned in
the second paragraph above, including the views of the government departments
concerned and local residents, the number and substance of complaints received
against the premises, etc., should be taken into account comprehensively before
coming to a decision. LLB does not compile statistics on the cases in which
penalties were imposed or liquor licences were revoked solely as a result of
complaints against liquor-licensed premises. The number of licence revocation
cases due to breaches of licensing conditions in 2009, 2010 and this year (up to
October) were five, seven and six respectively. All of the premises involved
were located in Yau Tsim Mong District, except for one case this year in which
the premises concerned was located in Central and Western District.
Ends/Wednesday, November 30, 2011
Issued at HKT 14:29
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Annex to LCQ15