Replies to LegCo questions
LCQ13: Liquor licensing mechanism
Following is a question by the Hon James To Kun-sun and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (December 20):
Question:
It has been reported that the recent death of an under-aged girl in a disco due
to drug abuse has aroused controversies over the role of the Liquor Licensing
Board (the Board) and the liquor licensing mechanism. At present, the Police
will provide information on premises selling liquor, where irregularities have
been found, for the Board's reference in considering applications for renewal of
liquor licences. In this connection, will the Government inform this Council
whether it will enhance the statutory powers of the Board so that the Board can
implement a penalty point system for liquor licensees; if such a system is
implemented, whether it will require that:
(a) penalty points be given to liquor licensees in respect of premises selling
liquors where irregularities were found or serious nuisances were caused to the
residential premises in their vicinity;
(b) the validity period of a liquor licence be linked to the number of penalty
points given to the licensee, so that the Board may issue licences of different
validity periods in accordance with the numbers of penalty points given to the
licensees, so that licensees will enhance the management of their premises;
(c) the Police's comments on the subject premises be incorporated into the
penalty point system to ensure that such comments will be fully taken into
account when applications for liquor licenses are considered; and
(d) comments from the relevant District Councils be incorporated into the
penalty point system to ensure that such comments will be fully taken into
account, so that the Board can adopt more objective criteria in considering
applications for liquor licences, thereby reducing controversies in the
community in this regard?
Reply:
Madam President,
Under section 17 of the Dutiable Commodities (Liquor) Regulations (Cap 109B),
the Liquor Licensing Board (the Board) shall not grant a liquor licence unless
it is satisfied-
(a) that the applicant is a fit and proper person to hold the licence;
(b) that the premises to which the application relates are suitable for selling
or supplying intoxicating liquor, having regard to-
(i) the location and structure of the premises; and
(ii) the fire safety and hygienic conditions in the premises;
(c) that in all the circumstances the grant of the licence is not contrary to
the public interest.
Section 23 of the Dutiable Commodities (Liquor) Regulations also empowers the
Board to revoke, suspend or refuse to renew a liquor licence, if in its opinion-
(a) there is proof to its satisfaction of an offence against the Dutiable
Commodities Ordinance (Cap 109);
(b) the person holding the licence has failed to comply with any condition of
the licence;
(c) the person holding the licence has ceased to be a fit and proper person to
hold the licence;
(d) the premises specified in the licence have ceased to be suitable for selling
or supplying intoxicating liquor, for reasons connected with-
(i) the location and structure of the premises;
(ii) the fire safety and hygienic conditions in the premises; or
(e) public interest so requires.
The Dutiable Commodities (Liquor) Regulations does not impose on the Liquor
Licensing Board the mechanism for determining whether to grant a liquor licence.
Since the Board is vested with the statutory power to independently decide on
the granting of liquor licence, it is not appropriate for the Government to take
the place of the Board in deciding whether to introduce a penalty point system
or comment on the detailed functioning of such a system as mentioned in the
question. We have referred Member's views to the Board for consideration.
Ends/Wednesday, December 20, 2006
Issued at HKT 12:40
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