Replies to LegCo questions
LCQ2: Premises selling liquor without a licence
Following is a question by the Hon Tommy Cheung and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council
today (May 8):
Question:
I have often received complaints from members of the bar industry that
members of the public often wrongly put the blame on them for the nuisance
caused by unlicensed bars, which is unfair to them. They have pointed out
that unlicensed bars have become the hotbed for serious criminal
activities such as selling liquor without a licence, drug trafficking,
drug abuse and substance abuse. However, as the Police need to apply for
warrants before they may enter unlicensed bars operated in private
premises to conduct investigation, the successful rate in cracking down on
the unlicensed bars has been extremely low. In this connection, will the
Government inform this Council:
(a) whether the authorities have estimated the current number of
unlicensed bars in Hong Kong; if they have, of the number, together with a
breakdown by district; if not, whether they will do so in order to
facilitate the planning of combat operations;
(b) of the respective numbers of reports received about and combat
operations mounted against unlicensed bar operations by the Police, as
well as the respective numbers of people arrested in those operations and
prosecuted subsequently, in each of the past three years;
(c) whether the authorities have conducted studies to see if the number of
unlicensed bars has been rising continuously and the situation is
aggravating; if the findings of the studies are in the affirmative, of the
details and the reasons for that; if the authorities have not conducted
such studies, whether they will do so in order to find an appropriate
solution to the problem;
(d) of the policies and measures put in place by the authorities to combat
the operation of unlicensed bars; and
(e) whether the Police will strengthen their intelligence work focusing on
unlicensed bars, including enhancing the cooperation and liaison with
social workers who counsel young people or with members of the bar
industry, and holding regular meetings with them, so as to facilitate
communication and intelligence gathering; if they will, of the details; if
not, the reasons for that?
Reply:
President,
As in other cosmopolitan cities in the world, liquor business plays an
important role in the catering, hospitality, tourism and entertainment
industries in Hong Kong. However, intoxicating liquor may affect people's
judgement. Places where drinkers gather are prone to be associated with
crimes and nuisances. The Government has been regulating the operation of
liquor-licensed premises via a licensing mechanism, which allows the
operation of liquor-licensed premises only under the management of an
eligible licensee on suitable premises, without jeopardising public
interest. As of March 31, 2013, there are 6 265 licensed premises that may
supply liquor for customers' consumption on the premises.
Regulation 25A of the Dutiable Commodities (Liquor) Regulations stipulates
that the sale of liquor is prohibited except on the authority of a liquor
licence or a temporary liquor licence at any premises for consumption on
those premises, a place of public entertainment or a public occasion for
consumption on at the place or occasion. Regulation 32 of the same also
provides that if a Police officer finds any person drinking intoxicating
liquor in any premises or place in which such liquor is sold by retail,
and a liquor licence or a temporary liquor licence in respect of such
premises or place is not, on demand, produced to him, the Police officer
may arrest any person found drinking therein. If such a place is in fact
unlicensed, the person in charge of the premises or place shall be guilty
of violating the relevant licensing requirement for liquor selling under
Regulation 17(3B) of the Dutiable Commodities Ordinance, and may be
subject to prosecution. Upon conviction, he would be liable to a maximum
penalty of $1 million in fine and imprisonment for two years.
Our reply to the five parts of the question is as follows:
(a) We do not keep figures on the number of establishments selling liquor
without a licence. Should any unlicensed drinking establishment come to
light, the Police will take immediate enforcement actions.
(b) We do not keep complaint figures about premises selling liquor without
a licence.
Figures on the handling and enforcement operations conducted by the Police
against establishments selling liquor without a licence in the past three
years are listed below:
2010 2011
2012
Operations against Premises
Selling Liquor without a Licence
251 326
212
Persons Arrested for Selling
Liquor without a Licence
89
70 187
Persons Prosecuted for Selling
Liquor without a Licence
50
60
81
Considering the potential threat to public order, public safety and public
interest posed by premises selling liquor without a licence, the Police
adopt a zero-tolerance policy against these premises. The Police will take
immediate and appropriate enforcement actions as and when irregularity is
found.
(c) & (d) The Government is not pursuing any study concerning
establishments selling liquor without a licence at the moment. The present
focus of our work lies in regulating liquor-licensed premises through the
existing licensing mechanism as prescribed in law, whilst the Police is
vigorously engaged in gathering intelligence and taking enforcement
actions against illicit activities involving the selling of liquor without
a licence.
(e) The Police adopt an intelligence-led approach in combating the selling
of liquor without a licence. Individual Police Districts will maintain
close liaison with liquor-licensed premises and may organise seminars with
them for the purpose of facilitating communication and cooperation.
Ends/Wednesday, May 8, 2013
Issued at HKT 16:09
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