Hong Kong Regulations

FOOD BUSINESS REGULATION - SECT 33

Conditions for issue of licence

(Past version on 30/06/1997).

(1) No full licence shall be granted under section 31 unless the Director is
satisfied, in relation to the premises in respect of which the application for
such licence was made, that- (L.N. 493 of 1995)

   (a)  the plan referred to in section 32 has been approved by the Director
        and the premises conform thereto;

   (b)  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 person
        likely to be in such part of the premises at any one time;

   (c)  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;

   (d)  public mains water is laid on to the premises and that adequate tank
        storage suitably protected against access of dust and mosquitoes is
        provided: Provided that where the Director is satisfied that public
        mains water cannot reasonably be laid on, for all or any purpose, the
        Director may in his discretion approve such other water supply as,
        having regard to consideration of public health, he considers
        adequate;

   (e)  no food room contains any soil fitment or latrine fitment or
        communicates directly with a room or other place which contains a
        soil  fitment or latrine fitment;

   (f)  the floors and internal surfaces of the walls of every food  room to a
        height of not less than 2 m are surfaced with smooth light coloured
        non-absorbent material and the junctions between the walls and floors
        are coved; (L.N. 89 of 1979)

   (g)  the ceilings of every food room are rendered impervious to dust;

   (h)  in the opinion of the Director, the facilities for cleansing equipment
        and utensils used in the preparation, service or consumption of food
        on the premises are adequate having regard to the nature of the food 
        business to be carried on;

   (i)  except where adequate provision is made elsewhere, suitable and
        sufficient cupboard or locker accommodation is provided for clothing
        and footwear not worn during working hours of all persons engaged in
        the handling of food on or about the premises: Provided that-

        (i)    this requirement shall not apply to food premises upon which no
               open food is handled; and

        (ii)   this requirement may be waived or modified by the Director by
               notice in writing;

   (j)  in the case of any restaurant (other than a restaurant selling only
        light refreshments) in respect of which-

        (i)    a licence was granted before 1 February 1974; and

        (ii)   since that date, no alteration has been made to the space
               allocated to the kitchen, the preparation of food or the
               seating accommodation, the space allocated to the kitchen and
               the preparation of food and cleansing of utensils is not less
               in proportion to the space allocated to the seating
               accommodation than that prescribed in Schedule 4; (L.N. 212 of
               1973)

   (ja) in the case of any restaurant (other than a restaurant selling only
        light refreshments) in respect of which a licence was not granted
        before 1 February 1974, the space allocated to the kitchen and the
        preparation of food and cleansing of utensils is not less in area, or
        in proportion to the gross floor area, than that prescribed in Part I
        of Schedule 5; (L.N. 212 of 1973)

   (k)  in the case of any light refreshment restaurant, in respect of which-

        (i)    a licence was granted before 1 February 1974; and

        (ii)   since that date, no alteration has been made to the space
               allocated to the kitchen, the preparation of food or the usable
               floor space, the total space allocated to the kitchen and the
               preparation in food and cleansing of utensils is not less in
               proportion to the usable floor space than that prescribed in
               Schedule 4; (L.N. 212 of 1973)

   (ka) in the case of any light refreshment restaurant in respect of which a
        licence was not granted before 1 February 1974, the total space
        allocated to the kitchen and the preparation of food and cleansing of
        utensils is not less in area, or in proportion to the gross floor
        area, than that prescribed in Part II of Schedule 5; (L.N. 212 of
        1973)

   (kb) in the case of any factory canteen, the total space allocated to the
        kitchen and the preparation of food and cleansing of utensils is not
        less in area, or in proportion to the gross floor area, than that
        prescribed in Part III of Schedule 5; (L.N. 175 of 1980)

   (l)  the surface of every article of furniture referred to in section 17 is
        capable of being lit to a standard of not less than 90 lux, and the
        top plates of every stove and cooking range are capable of being lit
        to a standard of not less than 65 lux, either by natural or artificial
        lighting or partly by natural and partly by artificial lighting; and
        (L.N. 89 of 1979)

   (m)  any heating equipment or air conditioning plant provided is properly
        installed and, having regard to the nature of the premises, is not
        likely to be dangerous.

(2) Where the premises in respect of which such application is made are a
vessel, the provisions of subsection (1) shall apply subject to such
modification as is appropriate.

(10 of 1986 s. 32(2); 78 of 1999 s. 7)