HONG KONG URBAN COUNCIL
privately owned domestic flats on the floors above what consideration is given to the prevention of nuisance to the owners or occupiers of these flats caused by heat, smoke and grease etc. from the exhaust fans of the kitchens of these restaurants and excessive heat, smoke and smuts of soot from the chimneys of these restaurants? (b) If such nuisance is in existence by what means can the occupants affected have the nuisance abated completely? (c) Is it forbidden to install a restaurant kitchen exhaust fan in the light-well of a multi-storey building and if so (i) is what constitutes a light-well clearly defined in law and (ii) is the regulation strictly enforced?
THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES replied as follows:-
As regards the first part of the question, though the Council's conditions and requirements for licensing a restaurant in any type of building are related almost entirely to the actual premises concerned and not to the possible effects on other parts or occupants of the building, several of these requirements are framed to minimize any nuisances which may originate from restaurant kitchens; these requirements are concerned with the proper siting of exhaust fans, the discharge of smoke or fumes from kerosene stoves in such a manner as not to be a nuisance, and the prohibition of stoves using solid fuels or diesel oil unless a proper chimney is provided.
2.
3.
Under By-law 32(2)(b) of the Food Business By-laws, applicants for restaurant licences are required to declare in writing the type of heating equipment and fuel intended to be used, so as to enable staff of the department to make appropriate recommendations with a view to preventing smoke and soot nuisances from burners and chimneys.
The answer to the second part of the question is that, if such a nuisance is in existence, the occupants can lodge a complaint either verbally or in writing with the department. In the case of exhaust fans, when the nuisance is caused by grease, the licensee can be summonsed for breach of By-law 5(1) of the Food Business By-laws, for failure to keep the fans and the adjacent walls clean and free from noxious matter at all times. When the nuisance arises from fumes or smoke, appropriate action can be taken under Section 12(1)(e) of the Public Health and Urban Services Ordinance by means of a nuisance notice and, if this is ignored, through Court action, an abatement or prohibition order may be applied for.
4.
In regard to the last part of the question, there is neither legal provision nor Council's ruling forbidding exhaust fans of restaurant kitchens opening into the light-well of a multi-storey building.
DR. BELL:- Mr. Chairman, may I ask a supplementary question, please? Regarding paragraph 2 of the answer may I ask ought we perhaps not to take into account the type of building in which the application has been made?
DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- I do not think we can do so Dr. BELL. The restaurants on the ground floors of resettlement and Housing Authority estates are all in multi-storey buildings, and if the plans are approved that the restaurant can be built on the ground floor of these buildings, the Council cannot do any more about it.
DR. BELL: Mr. Chairman, that being the case, in the last part of that paragraph where the Deputy Director has referred to the choice of fuels being that of the applicant, surely then the choice should not be his, but the type of fuel used should depend on the type of premises above and surrounding the place which has applied for a licence? What I mean is, if there are domestic flats above and surrounding a restaurant, particularly domestic flats which people have bought prior to there being such a restaurant sited there, surely every precaution should be taken to prevent types of fuel being used which are likely to cause a nuisance? Surely the choice, Mr. Chairman, should not be with the applicant, but rather that the type of fuel should be stated specifically for that restaurant, bearing in mind the type of accommodation which is surrounding it?
CHAIRMAN:- Dr. BELL, this point I think should appropriately be referred to the Food and Food Premises Select Committee.
DR. BELL: Yes, Mr. Chairman, I would accept that it should be. Mr. Chairman, a further supplementary on paragraph 3 of the answer, where we are told that the walls must be free from grease. Does that mean the walls within the licensed premises, or the walls outside of the licensed premises in the public passages and so on of the building?
DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- This means the walls inside the licensed premises.
DR. BELL: Mr. Chairman, does that mean we do not give a hoot for the walls outside the premises which are covered in grease and
Page 70 of 279
Page 70
Page 71
120
HONG KONG URBAN COUNCIL