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Page 594 of 606
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introducing a blanket general measure applied across the board in all districts regardless of the individual circumstances. As regards an appeal mechanism for any aggrieved party, liquor licence applicants or residents residing within a radius of 400 metres from the premises may appeal to the Urban Services Appeals Board against the decision of the LLB.
The second part of the question asks whether the Council would consider following the practice in other parts of the world to prohibit the sale of liquor say after midnight. I wish to tell Mr. CHAN that due to different conditions and legislation in each country, we cannot mechanically copy the practice of other countries and apply it in Hong Kong. However, the LLB may exercise its power to impose appropriate licensing conditions with a view to preventing any nuisance likely to be caused to nearby residents by liquor selling activities. The imposition of time restrictions over the sale of liquor is already one of the licensing conditions currently made by the LLB having regard to the individual circumstances of the case. The system is well-established and has been operating smoothly and effectively in controlling possible nuisance arising from consumption of liquor in licensed premises, while at the same time catering for commercial activities. Therefore, we consider that it is not necessary to make any changes to current practice at the present moment. However, I can tell Mr. CHAN that the LLB will continue to keep this matter under review to ensure that licence holders fully comply with all the necessary licensing requirements and conditions in respect of the sale and consumption of liquor.
The last question asks whether the Council would consult the PDBs on the new licensing requirements and procedures. At present, public opinions including those from Owners' Corporations and individual District Board (DB) Members on new liquor licence applications will be sought by District Officers of the Home Affairs Department (HAD) through a public opinion survey. In addition, the current licensing procedures also provide for seeking public views through posting of notices on the premises under application and placing of an advertisement in selected local newspapers by the applicants. The LLB takes into consideration such views in determining an application for liquor licence. In contested cases, interested residents and DB Members are invited to the open hearings of the LLB to voice their opinions. The LLB is of the view that the present consultation system is working well for the purpose of liquor licensing and it is therefore not necessary to consult the PDBs separately on liquor licensing matters.
Mr. Chan Choi-Hi (in Cantonese):—Mr. Chairman, I have several follow-up questions. Firstly, concerning the additional licensing conditions mentioned in the second paragraph of the written reply, as each case is dealt with individually, it allows a lot of flexibility. As a result, premises in the same district might be subject to different requirements and there might be some contradictions. In fact, at present it is entirely up to the LLB members to follow up these matters. I
Page 594 of 606
Page 594 of 606
Page 594 of 606
Page 594 of 606
PROVISIONAL URBAN COUNCIL
577
introducing a blanket general measure applied across the board in all districts iregardless of the individual circumstances. As regards an appeal mechanism ffor any aggrieved party, liquor licence applicants or residents residing within a iradius of 400 metres from the premises may appeal to the Urban Services
Appeals Board against the decision of the LLB.
The second part of the question asks whether the Council would consider following the practice in other parts of the world to prohibit the sale of liquor say after midnight. I wish to tell Mr. CHAN that due to different conditions and legislation in each country, we cannot mechanically copy the practice of other countries and apply it in Hong Kong. However, the LLB may exercise its power to impose appropriate licensing conditions with a view to preventing any nuisance likely to be caused to nearby residents by liquor selling activities. The imposition of time restrictions over the sale of liquor is already one of the licensing conditions currently made by the LLB having regard to the individual circumstances of the case. The system is well-established and has been operating smoothly and effectively in controlling possible nuisance arising from consumption of liquor in licensed premises, while at the same time catering for commercial activities. Therefore, we consider that it is not necessary to make any changes to current practice at the present moment. However, I can tell Mr. CHAN that the LLB will continue to keep this matter under review to ensure that licence holders fully comply with all the necessary licensing requirements and conditions in respect of the sale and consumption of liquor.
The last question asks whether the Council would consult the PDBs on the new licensing requirements and procedures. At present, public opinions including those from Owners' Corporations and individual District Board (DB) Members on new liquor licence applications will be sought by District Officers of the Home Affairs Department (HAD) through a public opinion survey. In addition, the current licensing procedures also provide for secking public views through posting of notices on the premises under application and placing of an advertisement in selected local newspapers by the applicants. The LLB takes into consideration such views in determining an application for liquor licence. In contested cases, interested residents and DB Members are invited to the open hearings of the LLB to voice their opinions. The LLB is of the view that the present consultation system is working well for the purpose of liquor licensing and it is therefore not necessary to consult the PDBs separately on liquor licensing matters.
Mr. Chan ChO1-HI (in Cantonese):—Mr. Chairman, I have several follow-up questions. Firstly, concerning the additional licensing conditions mentioned in the second paragraph of the written reply, as each case is dealt with individually, it allows a lot of flexibility. As a result, premises in the same district might be subject to different requirements and there might be some contradictions. In fact, at present it is entirely up to the LLB members to follow up these matters. I
Page 594 of 606
Page 594 of 606
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