Hong Kong Regulations

OFFENSIVE TRADES REGULATION - SECT 10

Conditions for the issue of licence

(Past version on 30/06/1997).

(1) The Director shall not grant or renew a licence in respect of any premises
used or intended to be used in carrying on an offensive trade unless the
Director is satisfied in relation to such premises that- (L.N. 214 of 1980; 10
of 1986 s. 32(2))

   (a)  the premises conform to the plan approved by the Director under
        section 9; (10 of 1986 s. 32(2))

   (b)  the methods to be used for the control or disposal of any noxious or
        injurious vapours, dust or effluents which may be discharged in the
        carrying on of the offensive trade or of any waste or refuse arising
        therefrom are adequate;

   (c)  the means of ventilation provided, whether natural or mechanical or
        partly natural and partly mechanical, are sufficient in every part of
        the premises, other than any part used exclusively for storage
        purposes, to safeguard in that respect the maximum number of persons
        likely to be in such part of the premises at any one time;

   (d)  sanitary fitments are provided to a standard not less than that
        required by the Building (Standards of Sanitary Fitments, Plumbing, 
        Drainage Works and Latrines) Regulations ( Cap 123 sub. leg. I):
        Provided that, in the case of any premises to which such regulations
        do not apply, the Director may approve such lesser standard as, having
        regard to considerations of public health and the circumstances of the
        case, he may consider adequate; (10 of 1986 s. 32(2))

   (e)  public mains water is laid on to the premises: Provided that, where
        the Director is satisfied that public mains water cannot reasonably be
        laid on for all or any purposes, the Director may in his discretion
        approve such other water supply as, having regard to considerations of
        public health, he may consider adequate; (10 of 1986 s. 32(2))

   (f)  subject to subsection (2), all floors in every part of the premises in
        which materials are prepared, processed or stored are rendered smooth
        and impervious on the surface and slope evenly towards drainage
        outlets;

   (g)  all such floors are drained, by means of removable galvanized
        gratings, into glazed or smooth cement channels which discharge into
        trapped drainage openings;

   (h)  subject to subsection (2), all walls in every part of the premises in
        which materials are prepared, processed or stored are rendered smooth
        and impervious to a height of not less than 2 m and the junctions
        between the walls and floors are coved; (L.N. 89 of 1979)

   (i)  in the case of any premises used or intended to be used for the
        carrying on of an offensive trade involving the processing or
        treatment of materials containing fat, all drainage outlets are fitted
        with a grease trap;

   (j)  the storage space provided is sufficient to contain all materials
        required for use in the business which are likely to be in stock at
        any one time;

   (k)  where the premises comprise part of a building which has more than one
        storey, the other storeys of such building are adequately protected
        against nuisances arising from the carrying on of the offensive trade;

   (l)  the carrying on of the offensive trade is not, or is not likely to be,
        a nuisance or danger to members of the public; and (L.N. 214 of 1980)

   (m)  any heating equipment provided is properly installed and, having
        regard to the nature of the premises, is not likely to be dangerous.
        (L.N. 200 of 1991)

(2) If the Director is satisfied that compliance with subsection

(1)(f) or (h) is not necessary in any particular case having regard to the
nature of the materials prepared, processed or stored, the Director may in
writing exempt any person from the application of that paragraph. (10 of 1986
s. 32(2)) (L.N. 81 of 1973; 78 of 1999 s. 7)