HONG KONG URBAN COUNCIL
223
My suggestion is that licenses should not be issued to applicants not complying with stipulations of the land leases, occupation permits and land use plans of the properties in question. Some land leases state that no liquor-selling is permitted, whereas some do not have such a clause. The occupation permits also state clearly the permitted purposes of the building. Concerning land use plans, the Deed of Mutual Covenant of certain buildings states clearly the uses that are not permitted; besides, the Government has land use zoning and town planning control. I think, for instance, many Members are concerned about the handling of commercial/residential buildings. Many premises in such buildings hold liquor licences. According to the Town Planning Ordinance, premises situated below the third floor of such buildings can be used for commercial or entertainment purposes. Being in compliance with this requirement, the premises concerned can continue their operation there. My suggestion here is that the Liquor Licensing Board should take into consideration such factors as land leases, occupation permits, land use plans, and whether nuisance would be caused to the residents in respect of the usage of the buildings' passageway as the criteria for issue of liquor license.
With regard to the information on land leases and occupation permits which I mentioned just now, some Members may think that it is too complicated and the area affected would be too wide. In fact, we can borrow the example of the issue of the Restaurant Licence, in which the applicant is required to hire an air-conditioning contractor and a qualified architect who should issue a certificate to prove, basing on their professional judgement, that the premises are suitable for operating that kind of business. Having such a proof is already sufficient. Therefore, regarding matters of land leases, occupation permits and land use plans that I mentioned just now, we may require the applicant to produce certification by authorised and qualified persons that the premises are suitable for the said purpose.
From the experiences of the Liquor Licensing Board, we can see that in some districts, the District Offices have in detail the results of surveys conducted in the commercial/residential buildings or residential buildings in the area, whereas the District Offices in some other districts turn a blind eye to these matters. We think that the District Offices should conduct surveys on the property owners and residents of residential buildings as well as buildings that contain a considerable number of residential flats, and also on some controversial cases. After that they should submit the survey results to the Liquor Licensing Board. Another aspect that needs improvement is, the police should strengthen protection to residents who have raised objection, and step up co-operation with the U.S.D. in conducting regular patrols to certain liquor-selling premises, so that the Liquor Licensing Board can refer to records of these regular patrols during meetings. There are also other important issues which include the temporary licence system, and Mr. KAM Nai-wai will explain about it in a moment. There is also the issue of how to deal with the existing premises that hold liquor licences, and Mr. LAI Hok-lim will elaborate on this one.
Page 248 of 485
Page 248 of 485
Page 248 of 485
Page 248 of 485
HONG KONG URBAN COUNCIL
223
My suggestion is that licenses should not be issued to applicants not complying with stipulations of the land leases, occupation permits and land use plans of the properties in question. Some land leases state that no liquor-selling is permitted. whereas some do not have such a clause. The occupation permits also state clearly the permitted purposes of the building. Concerning land use plans, the Deed of Mutual Covernant of certain buildings states clearly the uses that are not permitted; besides, the Government has land use zoning and town planning control. I think. for instance, many Members are concerned about the handling of commercial/residential buildings. Many premises in such buildings hold liquor licences. According to the Town Planning Ordinance, premises situated below the third floor of such buildings can be used for commercial or entertainment purposes. Being in compliance with this requirement, the premises concerned can continue their operation there. My suggestion here is that the Liquor Licensing Board should take into consideration such factors as land leases, occupation permits, land use plans, and whether nuisance would be caused to the residents in respect of the usage of the buildings' passageway as the criteria for issue of liquor license.
With regard to the information on land leases and occupation permits which I mentioned just now, some Members may think that it is too complicated and the area affected would be too wide. In fact, we can borrow the example of the issue of the Restaurant Licence, in which the applicant is required to hire an air- conditioning contractor and a qualified architect who should issue a certificate to prove, basing on their professional judgement, that the premises are suitable for operating that kind of business. Having such a proof is already sufficient. Therefore, regarding matters of land leases, occupation permits and land use plans that I mentioned just now, we may require the applicant to produce certification by authorised and qualified persons that the premises are suitable for the said purpose.
From the experiences of the Liquor Licensing Board, we can see that in some districts, the District Offices have in detail the results of surveys conducted in the commercial/residential buildings or residential buildings in the area, whereas the District Offices in some other districts turn a blind eye to these matters. We think that the District Offices should conduct surveys on the property owners and residents of residential buildings as well as buildings that contain a considerable number of residential flats, and also on some controversial cases. After that they should submit the survey results to the Liquor Licensing Board. Another aspect that needs improvement is, the police should strengthen protection to residents who have raised objection, and step up co-operation with the U.S.D. in conducting regular patrols to certain liquor-selling premises, so that the Liquor Licensing Board can refer to records of these regular patrols during meetings. There are also other important issues which include the temporary licence system, and Mr. KAM Nai-wai will explain about it in a moment. There is also the issue of how to deal with the existing premises that hold liquor licences, and Mr. La! Hok-lim will claborate on this one.
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Page 248 of 485
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