Hong Kong Ordinances

KARAOKE ESTABLISHMENTS ORDINANCE - SECT 5

Application for permit or licence

PART III

APPLICATION FOR GRANT OF PERMIT OR ISSUE OF LICENCE

(1) An application by a person for-

   (a)  the grant of a permit; or

   (b)  the issue of a licence, under this Ordinance in respect of a
        karaoke establishment shall be-

        (i)    made to the licensing authority in such form and manner as the
               licensing authority may determine;

        (ii)   accompanied by such prescribed information, particulars and
               plans as may be required; and

        (iii)  accompanied by the prescribed fee payable for the grant of a
               permit or the issue of a licence, as the case may be.

(2) Subject to subsections (3) to (5) and to any prescribed requirements, the
licensing authority may-

   (a)  grant a permit;

   (b)  refuse to grant a permit;

   (c)  issue a licence; or

   (d)  refuse to issue a licence, and, where a permit is granted or a licence
        is issued, may impose such conditions, in relation to the operation,
        keeping, management or other control of a karaoke establishment, as he
        thinks fit.

(3) The licensing authority shall not grant a permit or issue a licence unless
he is satisfied that the application has been made in accordance with
subsection (1) and, in relation to the proposed operation of the
karaoke establishment, that-

   (a)  the person making that application is a person who-

        (i)    is a fit and proper person to operate the
               karaoke establishment;

        (ii)   will adequately supervise or will ensure the adequate
               supervision of the operation of the karaoke establishment;

        (iii)  is not the agent, representative or servant of any person whose
               permit or licence has been revoked or whose application to
               renew a permit or a licence has been refused under section 10;
               and

   (b)  the place of the proposed operation is-

        (i)    suitable for the operation of the karaoke establishment;

        (ii)   located in an area suitable for the operation of the karaoke 
               establishment.

(4) A permit may only be granted in respect of a karaoke  establishment the
place of the proposed operation of which is located in-

   (a)  premises in respect of which a licence for the operation of a
        restaurant has been granted under the
        Public Health and Municipal Services  Ordinance ( Cap 132) and is for
        the time being in force;

   (b)  a hotel or guesthouse in respect of which a licence has been issued
        under the Hotel and Guesthouse Accommodation Ordinance ( Cap 349) and
        is for the time being in force;

   (c)  a clubhouse in respect of which a certificate of compliance has been
        issued under the Clubs (Safety of Premises) Ordinance ( Cap 376) and
        is for the time being in force.

(5) A licence may only be issued in respect of a karaoke  establishment the
place of the proposed operation of which is located in any place other than a
place of the description mentioned in subsection

(4).

(6) Subject to section 11(1), where the licensing authority refuses to grant a
permit or to issue a licence he shall make a written order, properly dated and
signed, to that effect adequately stating by reference to subsection (3), the
matter in respect of which he is not satisfied and shall serve a copy thereof
on the applicant.

(7) A grant of a permit or an issue of a licence under this section shall

   (a)  be in such form as the licensing authority may determine;

   (b)  not take effect except on payment of the prescribed fee; and

   (c)  authorize the grantee or the licensee to operate a karaoke 
        establishment for a period of 24 months, or such lesser period, and at
        such place, as may be indicated in the permit or the licence, from the
        date on which it is granted or issued.

(8) Notwithstanding subsection (7)(c), a permit to operate a
karaoke establishment shall cease to have effect when the licence referred to
in subsection (4)(a) or (b) or the certificate of compliance referred to in
subsection (4)(c) in respect of the restaurant, hotel, guesthouse or clubhouse
in which the karaoke establishment is located is no longer in force.