Hong Kong Regulations

PLACES OF PUBLIC ENTERTAINMENT REGULATIONS - REGULATION 3

Licences

(Past version on 01/01/2000).
(Past version on 30/06/1997).

PART I

PERMANENT AND SEMI-PERMANENT STRUCTURES SPECIALLY DESIGNED AS THEATRES AND
CINEMAS (G.N.A. 87 of 1952)

Applications for licences

(1) (a) Any person who desires to keep or use premises specially designed as a
theatre or cinema shall apply in triplicate in such form, if any, as the
licensing authority may specify to the licensing authority for the grant of a
licence in respect thereof; but in case it is proposed to install
laser equipment, or such equipment is already installed, in the premises to
which the application relates, the application shall be in quadruplicate.
(L.N. 127 of 1977; L.N. 193 of 1996)

   (b)  A person to whom a licence is granted or renewed under this regulation
        may at any time during the period not more than 6 months and not less
        than 5 months before the expiration of the licence apply to the
        licensing authority for the renewal of the licence. (L.N. 193 of 1996)

(2) (a) Where an application for the grant of a licence is made under
paragraph (1)(a), the licensing authority shall, as soon as practicable,
forward a copy of the application, together with a copy of any documents and
particulars furnished in support thereof under regulation 5, to-

        (i)    the Director of Fire Services;

        (ii)   (A) in case the application relates to premises which are under
               the control of the Housing Authority, the Director of Housing;
               or (B) in case the application relates to any other premises,
               the Building Authority; and

        (iii)  in case the application relates to any premises in which
               laser equipment is, or is proposed to be, installed, the
               Director of Electrical and Mechanical Services.

   (b)  Where an application for the renewal of a licence is made under
        paragraph (1)(b), the licensing authority shall, as soon as
        practicable, consult-

        (i)    the Director of Fire Services;

        (ii)   (A) in case the application relates to premises which are under
               the control of the Housing Authority, the Director of Housing;
               or (B) in case the application relates to any other premises,
               the Building Authority; and

        (iii)  in case the application relates to any premises in which
               laser equipment is, or is proposed to be, installed, the
               Director of Electrical and Mechanical Services.

   (c)  Subject to paragraphs (3) and (4), the licensing authority may, where
        it thinks fit and on being notified by each of the Director of Fire
        Services, the Director of Housing, the Building Authority and the
        Director of Electrical and Mechanical Services, in so far as he has
        been forwarded a copy of the application under subparagraph (a) or has
        been consulted under subparagraph (b), as the case may be, that he has
        no objection as regards the application, grant or renew, as the case
        may be, the licence sought under the application. (L.N. 193 of 1996)

(3) Where an application for the grant of a licence is made under paragraph
(1)(a), the licence shall not be granted unless and until-

   (a)  where the application is in respect of any premises in which a
        fixed electrical installation is, or is to be, installed, the
        licensing authority has received from the applicant concerned-

        (i)    in case the installation is a new one, a copy of a work
               completion certificate issued both as regards the installation
               and for the purposes of regulation 19 of the
               Electricity (Wiring) Regulations ( Cap 406 sub. leg. E); or

        (ii)   in case the installation is an existing one, a copy of a
               periodic test certificate issued both as regards the
               installation and for the purposes of regulation 20 of those
               Regulations; and

   (b)  the licensing authority has received from the applicant concerned a
        certificate issued by the Director of Fire Services and such other
        evidence as the licensing authority may require to show that any
        requirements imposed by the Director of Fire Services in respect of
        the premises to which the application relates have been complied with.
        (L.N. 193 of 1996)

(4) Where an application for the grant or renewal of a licence made under
paragraph (1) is refused-

   (a)  the licensing authority shall notify the applicant concerned in
        writing of the refusal and the notification shall be sent to the
        applicant by registered post; and

   (b)  such applicant may, within the period of 28 days after the date of the
        receipt by him of such notification, appeal to the Municipal 
        Services Appeals Board as regards the refusal. (L.N. 193 of 1996; 78
        of 1999 s. 7)

(5) For the avoidance of doubt, this regulation does not apply to an
application for the grant or renewal of a provisional licence. (L.N. 198 of
2006) ______________________________________________________________________
Note: The fee payable in respect of the grant or renewal of a licence to which
this regulation applies is waived if the term of the licence is for 12 months
and commences within the period from 1 June 2003 to 31 May 2004

(please see the Places of Public Entertainment (Waiver of Fees) Regulation
2003 (L.N. 141 of 2003).