Replies to LegCo questions

LCQ4: Liquor Licensing Board considers liquor licence applications

Following is a question by the Hon. Ip Kwok-him and a written reply by the Secretary for the Environment and Food, Mrs Lily Yam, in the Legislative Council meeting today (April 17):

Question

Many bars in Hong Kong are situated in residential areas. Many are allowed to sell liquor until midnight and even until early morning during weekends and holidays. Their customers often get drunk late at night, yelling noisily and causing trouble in the streets, hence posing serious nuisances to residents nearby. In this connection, will the Government inform this Council:

(a) of the criteria and justifications for imposing restrictions on bars by stipulating different liquor selling hours for different days; and

(b) whether, in considering applications for the grant or renewal of liquor licences, the authorities will take the number of complaints lodged by residents nearby to the Police about nuisances caused by bars and the details of such complaints as decisive factors in making decisions; if not, of the important factors contributing to its decisions to grant or renew liquor licences, thus allowing those bars likely to cause or having track records of causing nuisances to residents nearby to operate until midnight or even early morning?

Answer

(a) The Liquor Licensing Board (LLB) is an independent statutory body set up in accordance with the provisions of the Dutiable Commodities (Liquor) Regulation (Cap. 109B). It has to act within the authority empowered by the Regulation. One issue that has to be considered by the LLB in licence applications is whether, after the granting of a liquor licence, nuisance would be created for the nearby residents or that public order would be detrimentally affected. The LLB will consider the individual circumstances for each application and decide whether a liquor licence would be granted to the premise, and whether the licence, if granted, should be subject to any other conditions or restriction on the liquor selling hours.

(b) In deciding whether a liquor licence or renewal of liquor licence application should be approved, the LLB will, according to the requirements in the Regulation mentioned above, consider whether the applicant is a fit and proper person to hold the licence, whether the premises to which the application relates are suitable for selling or supplying liquor having regard to the location and structure of the premises and the fire safety and hygienic conditions in the premises, and whether it would be contrary to the public interest if the licence is granted.

For disputed applications, for example where the Police or residents have raised objection against the applications, an open hearing will be conducted by the LLB before making a decision. The applicant and objector(s) will be invited to attend the hearing and present their views. The LLB will also consider whether any complaints have been lodged by the nearby residents to the Police about nuisances caused, and the number and details of such complaints. The LLB will then make decision to grant or renew the licence according to the individual facts of the case. The LLB could also exercise its discretionary power to grant a licence of a shorter valid period in order to observe the operations of the licensed premise. As such, normal business of bars could be allowed to develop while appropriate conditions could be imposed on the licence to safeguard the interest of the nearby residents.

Wednesday, April 17, 2002