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HONG KONG URBAN COUNCIL
Mr. Kam Nat-WAI (in Cantonese):-Mr. Ng Wing-fai has moved a motion just now. In the motion speech, the temporary licence system was mentioned. From the past experiences of the Liquor Licensing Board, we found that some food premises which fail to get a restaurant licence would conduct business and sell liquor at the risk of breaking the law. At a recent meeting of the Standing Committee of the Whole Council, it was resolved that temporary licences could be issued to food premises. If this system is put into effect, we feel that under certain circumstances and if there is no objection from the relevant District Office, the police and Members of the District Board, temporary liquor licences should also be issued to these lawful operators to sell liquor. We hope that Members will support this motion so that license holders, applicants and members of the public will know the Liquor Licensing Board's clear and open principles of issuing licenses.
With these remarks, I second the motion.
MISS ADA Wong Ying-kay (in Cantonese):—I think the Secretariat has already distributed my amended motion (Appendix 1) to everyone of you. May I read it. After the word 'formulate' in the first line, we should cancel some words and add 'clear licensing policy and in granting or refusing a licensing application, due consideration should be given to the licensing principles as laid down in the verdict of previous M.S.A.B. cases, including whether the license holder is fit and proper, whether the premises complies with stipulations of the land lease, occupation permit and land use, as well as whether nuisance or inconvenience will be caused to residents.'
Mr. Chairman, I would like to explain why I raise such an amendment. If the original motion is passed, the L.L.B. will face difficulties in its future operation and its flexibility will be greatly reduced. The original motion makes land use, occupation permit and land lease the absolute deciding factors. Then when the L.L.B. considers a certain case, if all other stipulations are complied with except the land use, it has to decide not to issue the license. This, in fact, would create a big problem. As we all know, the land uses are stipulated in crown leases which were drawn up many years ago. In the wake of social progress, the provisions can be amended. Each and every case we have to handle is unique, some cases concern building structure, which may be an even more important factor for not issuing the license. If we take these factors as absolute deciding factors, the L.L.B. will lose its flexibility. I support the first part of Mr. Ng's motion that there is a need to review the licensing procedures and formulate a clear and comprehensive licensing policy. This policy should be comprehensive and should give due consideration to various factors. Besides, it should give clear guidelines to and allow an appropriate level of flexibility for the L.L.B.
I just mentioned that the M.S.A.B. has repeatedly requested the L.L.B. to implement the changes. Mr. Chairman, I would like to read the verdict of an M.S.A.B. case, which urges the L.L.B. to formulate a comprehensive licensing policy:
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