1. Q：If there is no seating area provided for customers for consumption on the premises, do I not need to apply for a general restaurant/light refreshment restaurant licence?

    A： Under the Food Business Regulation, Cap.132X ("the Regulation"), a restaurant licence must be obtained from the Food and Environmental Hygiene Department (FEHD) for the food business which involves the sale of meals or unbottled non-alcoholic drinks (other than Chinese herb tea) for consumption on the premises. A food factory licence must be obtained from the FEHD for the food business which involves the preparation of food for sale for human consumption off the premises.

  2. Q：Is it possible to apply for a light refreshment restaurant (LRR) licence at the premises which have been sub-divided by walls into 2 portions, one portion as grocery store and the other portion for application of LRR licence. Will the application be rejected?

    A：If the premises have been divided into two separate premises with full height partition walls, the applicant can apply for the LRR licence.

  3. Q：With effect from 1 March 2023, after the relaxation of restrictions on the scope of food items that can be cooked and sold at light refreshment restaurant (LRR), what is/are the difference(s) between a LRR licence and a general restaurant (GR) licence? How to determine the number of customers and the number of sanitary fitment required in the premises?

    A：For those LRR licence applications received on or after 1 March 2023, only simple cooking activities that do not generate a large amount of greasy fumes will be permitted at LRRs [e.g. boiling, stewing, steaming, braising and simple frying (excluding deep frying and stir frying)]. GRs still enjoy greater flexibility in food preparation than LRRs. However, as the types of cuisines served and the cooking activities conducted at GRs are relatively more diversified, apart from the provision of specified kitchens, it is also a statutory requirement that GRs shall have a higher food room area to floor area ratio than LRRs. The number of sanitary fitments required in both LRR and GR licence is the same, and varies with the number of customers and staff to be accommodated. On the other hand, the number of customers to be accommodated varies with the total seating area provided.

  4. Q：Where can I seek for advisory service for application of a restaurant licence?

    A：Information can be found in the "A Guide to Application for Restaurant Licence" on the FEHD website, the FEHD's Licensing Offices and the Restaurant Licensing Resource Centre.

  5. Q：How long does it take to apply for a restaurant licence?

    A： After obtaining full clearance from other departments concerned, the FEHD will issue a letter of requirements to applicants. The applicants are advised to report to the respective Licensing Office for verification as soon as they have complied with all the requirements. Given the need to take time for rectification of the non- conforming items, the progress of licensing had been hampered and the whole process was thus lengthened. The final verification inspection will be conducted within 8 working days after report of compliance by the applicants. The FEHD will approve the issue of full licence within 7 working days upon confirmation of compliance with all licensing requirements.

  6. Q：What is/are the difference(s) between the original licensing system and "Professional Certification System" (PCS) in a full general restaurant (GR) and light refreshment restaurant (LRR) licence application?

    A：Under the original licensing system, after receiving the written report on full compliance with all licensing requirements, staff of the FEHD will conduct a final verification inspection on site within 8 working days. Upon confirmation of compliance with all licensing requirements, the FEHD will approve the issue a full licence within 7 working days. Under the PCS, the FEHD accepts a Certificate of Compliance (Health Requirements) for full food business licence certified by AP/RSE as the certification for compliance with all health requirements for issue of a full licence. Upon confirming compliance with all licensing requirements, the FEHD, without site inspection, will inform the applicant of approval of a full licence within 2 working days. After issue of the full licence, the FEHD will arrange on-site audit check to confirm whether the certified layout plans are in strict conformity with the actual layout of the premises and all the licensing requirements have been fulfilled.

  7. Q：If non-compliance with licensing requirement is found subsequent to on-site audit check for full licence issued under the Professional Certification System, what actions will be taken by the Food and Environmental Hygiene Department (FEHD)?

    A：If a breach of licensing requirement is found subsequent to on-site audit check, actions will be taken as appropriate (e.g. giving out verbal warnings and requiring the licensee to take follow-up action). In case of contravention of the law, staff of the FEHD will consider instituting prosecution. Moreover, irregularities involving structural safety/means of escape or fire safety and ventilation system will be referred to relevant departments for follow-up action.

  8. Q：Can I start the food business as soon as I have submitted my application for a provisional restaurant licence?

    A：To facilitate the setting up of food businesses, the FEHD operates a provisional licensing system in which a provisional food business licence is issued to premises that have satisfied all essential health, building and fire safety requirements. The applicants should not start operation without a full/provisional restaurant licence. Application for a provisional licence is optional. When applying for a full licence, applicants can apply for the provisional licence at the same time.

  9. Q：If the provisional licensing requirements are in full compliance, how long does it take to issue the provisional licence?

    A：The provisional licence will be issued within one working day upon receipt of acceptable Certificates of Compliance with licensing requirements from the applicants if the documents are submitted to the Licence Issuing Office.

  10. Q：Is/are there any difference(s) between a restaurant licence and a factory canteen licence?

    A: They are different type of licence. A factory canteen is the food business in a factory building which involves the sale or supply of meals or unbottled non-alcoholic drinks (other than Chinese herb tea) for consumption on the premises by persons employed in any factory in that factory building.

  11. Q：If the premises under application for licence are covered by a valid licence, will the application be rejected?

    A：If the premises under application for a licence are covered by a valid licence/permit, the FEHD will continue to process the new application. However, letter of requirements will be issued only if the applicants are able to submit documentary proof on sole control over the premises. Moreover, new restaurant licence will only be issued when the existing licence/permit has been cancelled.

  12. Q：Do I need to apply for restaurant licence from the Food and Environmental Hygiene Department (FEHD) for a club?

    A：Pursuant to the Food Business Regulation, Cap. 132X (the Regulation) the food business does not include clubs. Therefore, clubs are not required to apply for a restaurant licence from the FEHD to supply food and beverages to their members. However, any person who intends to sell or offer for sale any of the restricted foods specified in Schedule 2 of the Regulation (such as non-bottled drinks, frozen confections, milk and milk beverages, cut fruit etc.) for human consumption must obtain written permission relevant to the type of the restricted food before commencement of the business. Moreover, the operators of the club must ensure that their operations comply with the relevant legal requirements. Whether a club is required to apply for a Certificate of Compliance under the Clubs (Safety of Premises) Ordinance (Cap. 376) depends on whether its mode of operation complies with the interpretation of a club under the Clubs (Safety of Premises) Ordinance.

  13. Q：Can I operate a restaurant in the community service building and how can I get the relevant information?

    A：The applicants may approach the department concerned for that community service building, Land Registry, Planning Department to check whether the propose food business use is permitted.

  14. Q：Do I need to submit the new application for general restaurant licence if I am holding a valid light refreshment restaurant licence?

    A：Yes, you need to submit the new application for general restaurant licence. The general restaurant licence will be issued upon cancellation of the current light refreshment restaurant licence issued in respect of the same address.

  15. Q：Can residential buildings be used as restaurant?

    A：No.

  16. Q：Do canteens of schools and tertiary institutions need to apply for the restaurant licence if they are for students’ use only?

    A：Pursuant to the Food Business Regulation, Cap. 132X, the food business does not include canteens exclusively for school students. Therefore, school canteens are not required to apply for the restaurant licence.

  17. Q：If there is an electrical installation work of a restaurant in a factory building that can be connected to the restaurant premises through other units in the building, should the person in charge of the restaurant premises be responsible for such installation work?

    A：Generally, only factory canteens, not restaurants, can be operated in factory buildings.  In addition, the enquiries on electrical installations matters can be made with the Electrical and Mechanical Services Department.

  18. Q：The Application Vetting Panel (AVP) meeting will be arranged within 20 working days after the application, does the 20 working days include the time for referral to other departments concerned?

    A：The 20 working days includes the time for referral to other departments concerned. Moreover, it also includes the separate site inspections by the officers of respective departments and the stipulation of relevant licensing requirements.

  19. Q：If it is indicated that the premises are to be used as a bank, can it be used as a restaurant?

    A：The applicants must check with the Land Registry and the Planning Department to check whether they comply with land lease and statutory plan restrictions.

  20. Q：How do I decide the suitability of premises (on ground floor) for use as a restaurant?

    A：You are advised to ascertain that premises for restaurant are in compliance with the Government Leave by approaching Land Registry for copies of land lease and other relevant land documents of the premises concerned. In addition, applicants should choose premise with water supply, proper sanitary fitments and capable of providing ventilating system etc.

  21. Q：Is the current application for a restaurant licence subject to the policy implemented in April 2006?

    A：Yes, under the policy dated 18 April 2006, the applicants are required to ensure the operation of food business at the subject premises are in compliance with Government lease conditions, statutory plan restrictions and premises should be free of unauthorized building works.

  22. Q：What is the cost of amendment of statutory plans or modification of land use?

    A：Applications for amendment of statutory plans or modification of land lease require the approval of the Town Planning Board and the Lands Department respectively, and the relevant fees can be inquired with the Planning Department and the Lands Department.

  23. Q：If the designed loading of the premises can withstand is less than 4 kPa, but after calculation, it may be enough to bear 4 kPa, will the application be considered?

    A : The applicants should submit the relevant structural assessment report and required documents to the FEHD when applying for a licence. The Buildings Department will consider the contents of the structural assessment report to review the application. However, if the contents of the structural assessment report are not accepted, the Buildings Department will raise objection to the application under Category 3 of the Building Safety Requirements. The applicants may seek advice with their registered structural engineers.

  24. Q：If the premises have not started business, how to calculate the amount of trade effluent discharge from a restaurant?

    A：Restaurant owners/operators should obtain a licence under the Water Pollution Control Ordinance and ensure that discharges are made in accordance with the terms and conditions of the licence. Any enquiries relating to environmental requirements and application for a discharge licence may be referred to the offices of EPD.