Replies to LegCo questions

LCQ1: Upstairs cafes

    Following is a question by the Hon Tommy Cheung and a reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (November 17):

 

Question:

 

    It has been reported that upstairs cafes have become increasingly popular in recent years.  Quite a number of upstairs cafes are found in Mongkok and Causeway Bay, most of which do not meet the fire installation requirements and safety standards stipulated by law.  People in the trade have estimated that up to 80 per cent of these upstairs cafes are unlicensed.  In this connection, will the Government inform this Council:

 

(a) of the estimated approximate number of upstairs cafes currently operating in Hong Kong and, among them, the approximate number of unlicensed ones as well as their geographical distribution; and

 

(b) whether any inspections have been conducted on unlicensed upstairs cafes and prosecutions instituted against them over the past three years; if so, of the number of inspections conducted and their frequency, as well as the number of prosecutions instituted and the penalties imposed on the persons convicted; if not, the reasons for that?

 

Reply:

 

Madam President,

 

(a) Under the Food Business Regulation (Cap.132 sub.leg.), there is no specific type of licence for the operation of cafes on the upper floor of a building.  Hence, the Food and Environmental Hygiene Department (FEHD) does not have information on the number of such cafes.  According to the Regulation, any person who sells food for consumption on the premises is required to obtain a restaurant licence from FEHD.  Depending on the types of food being offered for sale in the premises, the operator may either apply for a general restaurant (GR) licence or a light refreshment restaurant (LRR) licence from FEHD.  As at the end of September 2004, FEHD issued a total of 7,844 GR licences and 2,875 LRR licences.  Some of the licensed restaurants operate on the upper floors of buildings.

 

    Based on information obtained from FEHD's regular surveillance and complaints received from the public in the past few months, there are about 60 premises operating cafes at the upper floors of buildings that have not obtained restaurant licence from FEHD.  They are located in Causeway Bay, Yau Tsim and Mongkok districts.  A few of them which operate as a club serving on members and their guests have obtained a certificate of compliance under the Clubs (Safety of Premises) Ordinance (Cap. 376) from the Home Affairs Department.  The rest which provide service to the public are not licensed as restaurants and are not under the purview of the Clubs (Safety of Premises) Ordinance.

 

(b) FEHD takes enforcement action against unlicensed restaurants in its daily operation.  If operation of an unlicensed restaurant is found when FEHD staff conduct regular surveillance, handle complaints or perform on-site inspections for licence applications, prosecution will be taken against the operator concerned.  Offenders are subject to a maximum fine of $50,000, imprisonment of 6 months and a daily fine of $900 upon conviction.

 

    Since 2002, FEHD has instituted over 2,200 prosecutions against the operators of unlicensed restaurants.  Detailed information on the mode of operation of these premises is not available.  The average and highest penalty imposed by court on unlicensed restaurants in the last three years are about $6,500 and $50,000 respectively.  FEHD will continue to take stringent enforcement action against all types of unlicensed restaurants.

 

Ends/Wednesday, November 17, 2004

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