HONG KONG URBAN COUNCIL
123
The sixth part of the question asks whether a liquor licence will be issued by the Board under each of the 5 different circumstances. My answers are as follows:
(i) The liquor-selling premises are situated in residential properties-
If the location specified in the application is in the residential zone, the Board will not issue a liquor licence. The Board will absolutely not issue a liquor licence to any premises which are designed for domestic use. It has been the Council's established policy not to issue restaurant licences to domestic premises and only to issue liquor licences to the premises which have been issued with a restaurant licence. So basically, we will not issue a liquor licence to any residential premises. The purpose of the policy is to avoid causing disturbance to domestic habitation and to ensure that the premises are suitable in terms of structural, fire and health safety.
(ii) The residential flats and liquor selling premises share a common access-
I can state clearly that this is not a conclusive determinant. Other factors, such as whether the shared use of the common entrance or passageway would in effect cause a public nuisance, would also be taken into consideration before the granting of a liquor licence.
(iii) The liquor selling premises are situated in commercial/residential buildings and the residents have raised objections to the applications and provided supporting evidence to prove that they have been disturbed by sale of liquor-
In that circumstance, the Board will not issue a liquor licence especially if the Board is satisfied that the objection has been substantiated by satisfactory evidence.
(iv) The sale of liquor at the premises contravenes the provisions of the Crown lease, Deed of Mutual Covenant and Occupation Permit—
If the sale of liquor at the premises contravenes the provisions of the Crown lease, Deed of Mutual Covenant and Occupation Permit, licence will not be granted. If it is brought to the attention of the Board that as a result of the breach of the Crown Lease, Deed of Mutual Covenant or Occupation Permit, nuisance has been caused to the residents, the Board may refuse the grant of a licence. This is quite a serious issue and in our March meeting, we will have detailed discussions.
(v) The applicant has records of selling liquor without a licence at the premises before and during the process of his liquor licence application-
How would the LLB handle such case is certainly a relevant consideration and the Board may refuse the grant of a liquor licence if the applicant has records of selling liquor without a licence. Such cases are quite common.
That is my answer and I wonder if there are any follow-up questions.
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Page 410 of 485.
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Page 410 of 485
HONG KONG URBAN COUNCIL
123
The sixth part of the question asks whether a liquor licence will be issued by the Board under cach of the 5 different circumstances. My answers are as follows:
(i) The liquor-selling premises are situated in residential properties-
If the location specified in the application is in the residential zone, the Board will not issue a liquor licence. The Board will absolutely not issue a liquor licence to any premises which are designed for domestic use. It has been the Council's established policy not to issue restaurant licences to domestic premises and only to issue liquor licences to the premises which have been issued with a restaurant licence. So basically, we will not issue a liquor licence to any residential premises. The purpose of the policy is to avoid causing disturbance to domestic habitation and to ensure that the premises are suitable in terms of structural, fire and health safety.
(ii) The residential flats and liquor selling premises share a common
access-
I can state clearly that this is not a conclusive determinant. Other factors, such as whether the shared use of the common entrance or passageway would in effect cause a public nuisance, would also be taken into consideration before the granting of a liquor licence. (iii) The liquor selling premises are situated in commercial/residential buildings and the residents have raised objections to the applications and provided supporting evidence to prove that they have been disturbed by sale of liquor-
In that circumstance, the Board will not issue a liquor licence especially if the Board is satisfied that the objection has been substantiated by satisfactory evidence.
(iv) The sale of liquor at the premises contravenes the provisions of the
Crown lease, Deed of Mutual Covenant and Occupation Permit— If the sale of liquor at the premises contravenes the provisions of the Crown lease, Deed of Mutual Covenant and Occupation Permit, licence will not be granted. If it is brought to the attention of the Board that as a result of the breach of the Crown Lease, Deed of Mutual Covenant or Occupation Permit, nuisance has been caused to the residents, the Board may refuse the grant of a licence. This is quite a serious issue and in our March meeting, we will have detailed discussions.
(v) The applicant has records of selling liquor without a licence at the premises before and during the process of his liquor licence application-
How would the LLB handle such case is certainly a relevant consideration and the Board may refuse the grant of a liquor licence if the applicant has records of selling liquor without a licence. Such cases are quite common.
That is my answer and I wonder if there are any follow-up questions.
Page 410 of 485.
Page 410 of 485
Page 410 of 485
Page 410Page 411
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