1951-HKRS30-8-41_Part03 — Page 44

Rescission and

replace

ment of by-law 24

of Part I

of the

principal by-laws.

Rescission

and

replace-

ment of

by-law 2

of Part II of the principal by-laws.

4.

Fee.

Nature of Licence,

(c) Cafe Licence:

(i) in any undeveloped area ..................................

$15.00

(ii) elsewhere in Hong Kong, Kowloon

and New Kowloon

$50.00

(d) Marine Restaurant Licence:

$350.00

Provided that in respect of any such licence issued after the first day of January, half only of the above fees shall be charged and paid."'

By-law 24 of Part I of the principal by-laws is rescinded and replaced as follows-

"Reepon- sibility for

24. (1) Licensees shall be held responsible for the due observance of these by-laws. It shall not be per- observance missible for any licensee to transfer his licence nar to of by-lawa, delegate control of his business to another person except restriction with the written permission of the Council.

and

as to

transfer of licence or control of business.

(2) In any case where delegation of control has been permitted by the Council, both the person to whom control has been delegated and the licensee shall be held jointly and severally responsible for the due observance of these by-laws."

5. By-law 2 of Part II of the principal by-laws is rescinded and replaced as follows-

"Res-

taurant require- ments.

Ground surfaces

to be in accordance with the provision of s.s. (1) and (2) of s. 20 of

Cap. 123.

2. Except in so far as no special conditions appropriate to the particular premises are prescribed. no premises shall be operated or maintained as a restaurant unless they-

(a) comprise the whole or part of a building of substantial construction the whole of the ground surfaces of which shall be in accordance with the provisions of subsections (1) and (2) of section 20 of the Buildings Ordinance, or of any legislation subse- quently enacted in revision or amendment thereof Provided that in the case of buildings erected before the year 1936, the Council may waive or modify the requirements in the matter of ground surfaces;

Floor surfaces.

Yard with + Access ta

scavenging lane or street.

(b) are provided with floor surfaces other than ground surfaces of non-absorbent material finished off smooth;

(c) are provided with a yard or other open space in the rear, or partly in the rear and partly at the side, of sufficient size and exclusively belonging to such building, and having access directly to a scavenging lane or street. The expression "of sufficient size" in this paragraph means equal in area to not less than one-third of the roofed-over area of such building: Provided that-

(i) in the case of a building designed for exclusive use as a restaurant, or for purposes of recreation the amenities of which include a restaurant, the roofed-over area of which exceeds 600 square feet, a yard to which there is direct access both from the kitchen of the restaurant and by an entrance not less than To feet in width from a street accessible to motor vehicles, shall be deemed of sufficient size if its area is not less than 200 square feet and its lesser dimension is at least 10 feet in interior measurement from wall to wall; (ii) if the licensee of any premises in respect of which a licence was held on 30th June, 1947, and in respect of which there is no yard or access to a scavenging lane or street, is able to satisfy the Council that such premises are so conducted as not to be or become a menace to public health, the Council may renew such licence subject to such special conditions as the Council shall think fit having regard to the requirements of public health; or

(ii) where an application refers to premises situated in an upper storey and the premises otherwise comply with the provisions of these by-laws, the Council

in its absolute discretion, may, grant a licence if the Council is satisfied that the arrangements for ventilation and the stowage and removal of refuse are equivalent to those provided by means of a yard or other open space which complies with the provisions of this paragraph;

Corrected by G.N.A. 10/52.