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I little since the range between extremes is enormous; my researches have revealed that up to now the record for the shortest time in which a licence has been issued is 28 days and the record for the longest to be a little short of 4 years. (Laughter).
I have obtained the following information, however, about the length of time it has taken in respect of the most recent 100 general restaurant licences which were issued in the urban areas:
For 50 restaurants in Hong Kong the time taken averaged 283 days and for 50 in Kowloon 327 days. Cafe licences take less time.
I feel it may be helpful to outline the processes involved in licensing restaurants; these are set out in detail in the department's Guide to Licensing and consist of five main stages. On receipt of an application the following steps are taken and completed within one week:-
(a) an acknowledgement letter is sent in the form shown in Appendix I to this reply;
(b) Assumption memoranda are sent to other departments concerned (principally Fire Services and the Building Authority) to ascertain their requirements, if any, or objections. These must be replied to within 14 days;
(c) An inspection and report on the premises is made and checked by senior officers.
In the second week,-it should be after the second week-if no objections are raised, a letter showing the necessary requirements and conditions in detail is sent to the applicant and the file forwarded to the Delegated Member for information. (If refusal is recommended, either by this department or by other departments concerned, the case is referred to the Delegated Member for decision).
It is after this stage that all delays occur since the file is then held until the applicant writes to say that he has complied with all the requirements (see specimen letter at Appendix II). As there is no time limit set for the applicant to comply with the requirements this period may take anything from a few days to a few years.
Once this stage is over the licence is issued within one week and the file sent to the Delegated Member for information.
In the second part of the question, Dr. BELL asks whether any senior staff member reviews the files of all applications which have been outstanding for more than three months. The answer to this is no; I would however, point out that restaurants and cafes are commercial and profit-making enterprises and the onus is on the applicant to take such action as the Council, the Fire Services Department or the Building Authority require in order to safeguard the health or safety of members of the public before he commences business. I would also mention that, as indicated in the two letters appended to this reply, any applicant may call upon the departmental staff at any time for advice and assistance in meeting the Council's requirements.
DR. BELL: Mr. Chairman, may I ask a number of supplementary questions, please? In the first part of his answer Dr. COOMBES says that the shortest time in which a licence has been issued was 28 days. Now I was under the impression Mr. Chairman, please correct me if I'm wrong, and would like to know whether or not in 1962 this Council went through the licensing processes in great detail and announced that it was perfectly possible for this Council to issue a licence within two weeks?
DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: It may well be possible for the department to issue a licence within two weeks, but I merely mentioned that the record so far is 28 days.
DR. BELL: Thank you. The second question I want to ask is whether this whole question can be referred to the Food and Food Premises Select Committee for complete overhaul of this process of licensing? May I say a few words in clarification of this Mr. Chairman? I have found that the Delegated Member is merely acting as a rubber stamp in both processes regarding the issue of a licence. Stage 3 completed, the Delegated Member is expected to sign and note that it is completed. Stage 5, the licence has already been issued and the Delegated Member is supposed just to rubber stamp it. I would like it referred, Mr. Chairman, with a view, that the Food and Food Premises Select Committee should consider that the duty of the Delegated Member should be to see all files on cases where a licence has not been issued three months after the application, in order to ascertain whether in fact this is due to delay on the part of the applicant or whether it is, as seems to me to be the case in many of the files which I have seen, due to prevarication and delay on the part of our inspectorate.
DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: Mr. Chairman, I must say I agree with Dr. BELL. I think we should refer this matter as a whole to the Food and Food Premises Select Committee.
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little since the range between extremes is enormous; my researches have revealed that up to now the record for the shortest time in which a licence has been issued is 28 days and the record for the longest to be a little short of 4 years. (Laughter).
I have obtained the following information, however, about the length of time it has taken in respect of the most recent 100 general restaurant licences which were issued in the urban areas:
For 50 restaurants in Hong Kong the time taken averaged 283 days and for 50 in Kowloon 327 days. Cafe licences take less time.
I feel it may be helpful to outline the processes involved in licensing restaurants; these are set out in detail in the department's Guide to Licensing and consist of five main stages. On receipt of an application the following steps are taken and completed within one week:-
(a) an acknowledgement letter is sent in the form
shown in Appendix I to this reply;
(b) Assumption memoranda are sent to other depart- ments concerned (principally Fire Services and the Building Authority) to ascertain their require- ments, if any, or objections. These must be replied to within 14 days;
(c) An inspection and report on the premises is made
and checked by senior officers.
In the second week,-it should be after the second week-if no objections are raised, a letter showing the necessary re- quirements and conditions in detail is sent to the applicant and the file forwarded to the Delegated Member for information. (If refusal is recommended, either by this department or by other departments concerned, the case is referred to the Delegated Member for decision).
It is after this stage that all delays occur since the file is then held until the applicant writes to say that he has complied with all the requirements (see specimen letter at Appendix II). As there is no time limit set for the applicant to comply with the requirements this period may take any thing from a few days to a few years.
Once this stage is over the licence is issued within one week and the file sent to the Delegated Member for information.
In the second part of the question, Dr. BELL asks whether any senior staff member reviews the files of all applications which have been outstanding for more than three months. The answer to this is no; I would however, point out that restaurants and cafes are commercial and profit making enterprises and the onus is on the applicant to take such action as the Council, the Fire Services Department or the Building Authority require in order to safeguard the health or safety of members of the public before he com- mences business. I would also mention that, as indicated in the two letters appended to this reply, any applicant may call upon the departmental staff at any time for advice and assistance in meeting the Council's requirements. DR. BELL:Mr. Chairman, may I ask a number of supplementary questions, please? In the first part of his answer Dr. COOMBES says that the shortest time in which a licence has been issued was 28 days. Now I was under the impression Mr. Chairman, please correct me if I'm wrong, and would like to know whether or not in 1962 this Council went through the licensing processes in great detail and announced that it was perfectly possible for this Council to issue a licence within two weeks?
DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-It may well be possible for the department to issue a licence within two weeks, but I merely mentioned that the record so far is 28 days.
DR. BELL:-Thank you. The second question I want to ask is whether this whole question can be referred to the Food and Food Premises Select Committee for complete overhaul of this process of licensing? May I say a few words in clarification of this Mr. Chairman? I have found that the Delegated Member is merely acting as a rubber stamp in both processes regarding the issue of a licence. Stage 3 completed, the Delegated Member is expected to sign and note that it is completed. Stage 5, the licence has already been issued and the Delegated Member is supposed just to rubber stamp it. I would like it referred, Mr. Chairman, with a view, that the Food and Food Premises Select Committee should consider that the duty of the Delegated Mem- ber should be to see all files on cases where a licence has not been issued three months after the application, in order to ascertain whether in fact this is due to delay on the part of the applicant of whether it is, as seems to me to be the case in many of the files which I have seen, due to prevarication and delay on the part of our inspectorate.
DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Mr. Chairman, I must say I agree with Dr. BELL. I think we should refer this matter as a whole to the Food and Food Premises Select Committee.
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