- It is an offence under Section 17(3B) of the Dutiable Commodities Ordinance (Cap. 109) to sell liquor without a licence. A person convicted of the offence is liable to a fine of $1,000,000 and imprisonment for 2 years. In this connection, any person who intends to sell liquor at any premises for consumption on those premises must obtain a liquor licence issued by the Liquor Licensing Board before commencement of such business.
- The application for a liquor licence can be jeopardized if the applicant or any staff of the establishment commits the above offence. Therefore, an applicant should ensure that no liquor is sold on the premises at any stage prior to the issue of a liquor licence.
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Upon application the Liquor Licensing Board may grant a liquor licence without conditions or subject to such conditions as it thinks fit, or refuse the application. The additional conditions commonly imposed on the licence are--
- liquor selling hours;
- duty hours of the licensee;
- number of persons permitted on the premises (if endorsement of dancing is approved or if the premises are a club); and/or
- any other condition(s) based on individual circumstances.
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The Liquor Licensing Board shall not grant a liquor licence unless it is satisfied
- that the applicant is a fit and proper person to hold the licence;
- that the premises to which the application relates are suitable for selling or supplying intoxicating liquor; and
- that in all the circumstances the grant of the licence is not contrary to the public interest.
- For premises located in a mixed commercial/residential building or a residential building, applications for new issues or transfers of liquor licences will be considered on a case-by-case basis if the premises to which the applications relate do not have separate access to each entrance to the premises. Separate access to the premises means an independent means of access not directly leading to the residential units of the building.
- The use of the premises for supply or sale of liquor should not be in breach of the specified use as set out in the Occupation Permit issued by the Building Authority, or the conditions in the Government Land Lease.
- For premises located in a residential building or a composite commercial/residential building in a residential area, the Liquor Licensing Board may impose additional condition to prohibit the supply, sale or drinking of liquor between 2300 hours and 0700 hours. In general, there is no restriction on the liquor-selling time at premises located in other areas, but the Board may impose time restriction having regard to individual circumstances.
- It is an offence under reg. 28 of the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub. leg. B) to permit any person under the age of 18 years to drink any intoxicating liquor on any licensed premises.
- The licensee should submit application for permission to authorize a person to manage the licensed premises in his absence caused by illness or for a temporary absence not exceeding 3 months.
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It is an offence under reg. 29 of the Dutiable Commodities Ordinance (Cap. 109 sub. leg. B) to employ, or permit the employment of, on or about the premises, or in connection with the business carried on therein
- at any time any person under the age of 15 years; or
- between the hours of 10 p.m. and 6 a.m. any person under the age of 18 years; or
- between the hours of 6 a.m. and 10 p.m. any person under the age of 18 years except with the written permission of the Liquor Licensing Board.
The employment of persons between the ages of 15 years and 18 years on licensed liquor selling premises between the hours of 6 a.m. and 10 p.m. is prohibited except with the written permission of the Liquor Licensing Board. Permission will only be given when the following three requirements are satisfied--
- such persons are the students of a vocational training school or an educational institute registered under the Education Ordinance or any other Ordinance in force and such employment is in connection with a training programme; or
- the sale of liquor is not the main activity* in the licensed premises in which they are employed to work; and
- there is no objection from the Commissioner of Police.
* Premises in which sale of liquor is considered to be the main activity includes bars, karaoke establishments, discos and clubs.
Besides, licensees are prohibited to employ any person under the age of 15 years on any licensed liquor selling premises at any time and of persons under the age of 18 years between the hours of 10 p.m. and 6 a.m. to which no exemption is given.
Given the above provision and requirements, if any licensee wants to employ young persons between the ages of 15 years and 18 years, he should apply in writing together with the following information and documents to the respective liquor licensing office--
- a copy of the valid liquor licence;
- a copy of the valid full or provisional general/marine restaurant licence or light refreshment restaurant licence; and
- information about the duties of the young persons to be employed.
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Where an application is refused under reg. 17(1) of the Dutiable Commodities Ordinance (Cap. 109 sub. leg. B) or a liquor licence is revoked under regulation 23(1), the Liquor Licensing Board shall refuse to consider any further or other application for a liquor licence in respect of the premises concerned within a period of 12 months after the date of refusal or revocation --
- by the former applicant or by the person whose licence was revoked; or
- by any other person, unless such person satisfies the Liquor Licensing Board, by furnishing to the Board such particulars as it may reasonably require, that he is not acting on behalf of the former applicant or the person whose licence was revoked, as the case may be.
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The Secretary to the Liquor Licensing Board appointed under reg. 2A(5) must give notice in writing of the Board's decision, together with reasons, to the applicant and any other person who or body which has expressed an interest in the application. The applicant or 20 or more persons residing within a radius of 400 metres from the premises to which the application relates may, within 28 days after the date of the notice, appeal to the Municipal Services Appeals Board against the decision.