DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - CHAPTER 109B DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 109, section 6) [24 April 1970] (L.N. 58 of 1970) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These regulations may be cited as the Dutiable Commodities (Liquor) Regulations. DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 2 Interpretation VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) In these regulations, unless the context otherwise requires- "bar" (酒吧) means any place exclusively or mainly used for the sale and consumption of intoxicating liquor; "Board" (酒牌局) means the Liquor Licensing Board established under regulation 2A; (78 of 1999 s. 7) "club liquor licence" (會社酒牌) means a club liquor licence issued under regulation 26; "licensed premises" (領有牌照處所) means the premises specified in a liquor licence on which the sale of intoxicating liquor is permitted pursuant to the licence; "licensee" (持牌人) means a person holding a liquor licence and also means- (a) a person authorized to manage any licensed premises under regulation 24; and (b) in the case of a club liquor licence, a person nominated by the club under regulation 26(2); "liquor licence" (酒牌) includes a club liquor licence; "Municipal Services Appeals Board" (市政服務上訴委員會) means the Municipal Services Appeals Board established under section 3 of the Municipal Services Appeals Board Ordinance (Cap 220); (78 of 1999 s. 7) "prescribed fee" (訂明費用) means the fee prescribed by the Schedule to the Dutiable Commodities Regulations (Cap 109 sub. leg.) or, the fee prescribed by the Secretary for Food and Health under section 6A of the Ordinance, as the case may require; (19 of 1973 s. 54; L.N. 140 of 1987; 48 of 1994 s. 4; 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007) "secretary" (秘書), in relation to a club, includes any officer of the club or other person performing the duties of the secretary; "temporary liquor licence" (臨時酒牌) means a temporary liquor licence issued under regulation 25. (78 of 1999 s. 7) (2) (Repealed 46 of 1996 s. 34) "bar" (酒吧) "Board" (酒牌局) "club liquor licence" (會社酒牌) "licensed premises" (領有牌照處所) "licensee" (持牌人) "liquor licence" (酒牌) "Municipal Services Appeals Board" (市政服務上訴委員會) "prescribed fee" (訂明費用) "secretary" (秘書) "temporary liquor licence" (臨時酒牌) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 2A Establishment and composition of Liquor Licensing Board VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. PART II LIQUOR LICENSING BOARD (1) There is established a board to be known as the Liquor Licensing Board. (2) The Board is to consist of- (a) a Chairman; (b) a Vice Chairman; and (c) 9 other members, appointed by the Chief Executive. (3) A public officer may not be appointed under paragraph (2). (4) A person appointed under paragraph (2) is to hold and vacate office in accordance with that person's terms of appointment. (5) The Secretary for Food and Health may appoint a secretary to the Board and other staff as the Secretary considers necessary. (L.N. 106 of 2002; L.N. 130 of 2007) (6) The Secretary for Food and Health may appoint a legal adviser to advise on legal matters relating to an application and the legal adviser may be present at any hearing before the Board or deliberations of the Board to so advise the Board. (L.N. 106 of 2002; L.N. 130 of 2007) (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 3 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 4 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 5 (Repealed 19 of 1973 s. 54) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 6 (Repealed 19 of 1973 s. 54) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 7 (Repealed 19 of 1973 s. 54) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 8 (Repealed 19 of 1973 s. 54) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 9 (Repealed 19 of 1973 s. 54) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 10 (Repealed 19 of 1973 s. 54) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 11 (Repealed 19 of 1973 s. 54) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 12 (Repealed 19 of 1973 s. 54) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 13 Meetings of Board VerDate:01/01/2000 Procedure of Board (1) The Board shall meet as often as may be necessary for the transaction of licensing business. (78 of 1999 s. 7) (2) The Board may in its discretion determine any matter by circulation of papers to its members. (3) A resolution in writing so circulated and approved in writing by a majority of the members shall be valid and of the same effect as if it had been passed at a meeting of the Board, but, if the opinion of the members on any such matter is equally divided, the matter shall be referred to the next meeting of the Board. DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 13A Board may delegate powers and functions VerDate:01/01/2000 The Board may delegate any power or function of the Board to a committee of the Board, a member of the Board or a public officer. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 13B Quorum for meeting of Board VerDate:01/01/2000 The quorum for a meeting of the Board is not less than half its members for the time being. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 13C Chairman or Vice Chairman to preside VerDate:01/01/2000 The Chairman or Vice Chairman appointed under regulation 2A(2) must preside at any meeting of the Board. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 14 Mode of voting VerDate:01/01/2000 (1) All questions arising at any meeting of the Board shall be determined by a majority of votes of the members present. (2) In the case of an equality of votes the person presiding shall have a second or casting vote. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 14A Board may determine procedure for meetings and applications VerDate:01/01/2000 The Board may determine the procedure for meetings of and applications to the Board including the manner of making, hearing and determining applications and the documents to be lodged or served in connection with applications. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 15 Applications for liquor licences VerDate:01/01/2000 PART III LIQUOR LICENCES (1) Any person seeking a liquor licence, or any renewal, transfer or amendment thereof, shall make application in writing to the Board in accordance with the form determined by the Board. (46 of 1996 s. 35; 78 of 1999 s. 7) (2) The applicant shall furnish to the Board- (a) the particulars specified in the application form, and such other particulars as the Board may require; (b) such references to character as are required in the application form; and (c) such particulars as the Board may require of any person other than the applicant who may have charge of the premises to be licensed. (3) In this regulation- "liquor licence" (酒牌) does not include a temporary liquor licence. "liquor licence" (酒牌) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 16 Advertisement of applications VerDate:01/01/2000 The Board shall in every case, at least 2 weeks before it meets to consider an application, cause advertisement to be made at the expense of the applicant, in such manner as the Board may decide, setting forth the name and address of the applicant and the address and proposed name of the premises to which the application relates. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 17 Decisions of Board and appeals to Municipal Services Appeals Board VerDate:01/01/2000 (1) Upon application the Board may grant a liquor licence without conditions or subject to such conditions as it thinks fit, or refuse the application. (2) The Board shall not grant a liquor licence unless it is satisfied- (a) that the applicant is a fit and proper person to hold the licence; (b) that the premises to which the application relates are suitable for selling or supplying intoxicating liquor, having regard to- (i) the location and structure of the premises; and (ii) the fire safety and hygienic conditions in the premises; (c) that in all the circumstances the grant of the licence is not contrary to the public interest. (3) The Board must give reasons in writing- (a) for any decision on an application in respect of which there is an objection; or (b) for any decision to refuse an application. (4) The secretary to the Board appointed under regulation 2A(5) must give notice in writing of the Board's decision, together with reasons, to the applicant and any other person who or body which has expressed an interest in the application. (5) The applicant or 20 or more persons residing within a radius of 400 metres from the premises to which the application relates may, within 28 days after the date of the notice under paragraph (4), appeal to the Municipal Services Appeals Board against the decision. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 18 Only one licence to be granted per person VerDate:30/06/1997 No person may be granted more than one liquor licence which is not a club liquor licence. DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 19 Restriction against further applications VerDate:01/01/2000 (1) Where an application is refused under regulation 17(1) or a liquor licence is revoked under regulation 23(1), the Board shall refuse to consider any further or other application for a liquor licence in respect of the premises concerned within a period of 12 months after the date of refusal or revocation- (a) by the former applicant or by the person whose licence was revoked; or (b) by any other person, unless such person satisfies the Board, by furnishing to the Board such particulars as it may reasonably require, that he is not acting on behalf of the former applicant or the person whose licence was revoked, as the case may be. (2) Where the Board refuses to consider an application by a person referred to in paragraph (1)(b), the secretary to the Board must give notice in writing of the refusal, together with reasons, to the person and the person may appeal to the Municipal Services Appeals Board against the refusal within 28 days after receiving the notice. (58 of 1990 s. 22; 78 of 1999 s. 7) (L.N. 223 of 1980) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 20 Issue and duration of licences VerDate:01/01/2000 (1) As soon as practicable after the granting of an application for a liquor licence or any renewal thereof, the Board shall, upon payment to the Director of Accounting Services of the prescribed fee or such proportion thereof as is provided by paragraphs (4) and (5), issue to the applicant a liquor licence. (L.N. 16 of 1977; 39 of 1985 s. 60) (2) (Repealed 39 of 1985 s. 60) (3) A liquor licence shall be valid for a period of 1 year or such lesser period as the Board shall determine, commencing from the date on which it is granted or such other subsequent date as the Board may determine. (L.N. 149 of 1975; L.N. 320 of 1983; 78 of 1999 s. 7) (4) Where any liquor licence is granted for any period other than 1 year, the fee payable for such licence shall be such proportion of the prescribed fee as the period for which such licence will be valid bears to a period of 12 months. (5) For the purpose of calculating the fee payable under paragraph (4), any fraction of $1 shall count as $1. ___________________________________________________________________________ __ Note: The fee payable in respect of the grant or renewal of a liquor licence is waived if the term of the licence begins within the period from 1 June 2003 to 31 May 2004 (please see the Dutiable Commodities (Waiver of Liquor Licence Fees) Regulation 2003 (L.N. 140 of 2003)). DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 21 Liquor licence subject to conditions, etc. VerDate:30/06/1997 A liquor licence shall be subject to any conditions imposed under regulation 17. (46 of 1996 s. 37) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 22 Transfer of licences VerDate:30/06/1997 Upon application in writing as required by the Board, the Board may exercise the same powers in relation to the transfer of liquor licences as are conferred by section 7 of the Ordinance, and, upon payment of the prescribed fee, particulars of such transfer shall be endorsed by the Director of Accounting Services on the licence. (L.N. 16 of 1977; 46 of 1996 s. 38) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 23 Revocation and suspension of licences VerDate:01/01/2000 (1) The Board may revoke or suspend for any period it thinks fit or refuse to renew any liquor licence on proof to its satisfaction of an offence against the Ordinance, whether any person has been convicted of such offence or not. (L.N. 35 of 1979; 78 of 1999 s. 7) (1A) Without limiting paragraph (1), the Board may revoke, suspend or refuse to renew a liquor licence, if in its opinion- (a) the person holding the licence has failed to comply with any condition of the licence; (b) the person holding the licence has ceased to be a fit and proper person to hold the licence; (c) the premises specified in the licence have ceased to be suitable for selling or supplying intoxicating liquor, for reasons connected with- (i) the location and structure of the premises; (ii) the fire safety and hygienic conditions in the premises; or (d) public interest so requires. (78 of 1999 s. 7) (2) The secretary to the Board must give notice in writing, together with reasons, of a decision under this regulation to the person concerned. (78 of 1999 s. 7) (3) A person may appeal to the Municipal Services Appeals Board against any decision of the Board under this regulation within 28 days after receiving notice of the decision. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 24 Illness or absence of licensee VerDate:01/01/2000 In the case of illness or temporary absence of the holder of a liquor licence, the secretary to the Board may in his discretion, on payment of the appropriate fee prescribed under section 6A of the Ordinance, authorize any person to manage the licensed premises for a period not exceeding 3 months, and during that period such person shall be deemed to be the licensee of the premises. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 25 Issue of temporary licences VerDate:01/01/2000 (1) The Commissioner of Police may, on payment of the prescribed fee and subject to such conditions as he thinks fit, issue to the holder of a liquor licence a temporary liquor licence for the retail sale of liquors at any public entertainment or on any public occasion. (2) (Repealed 78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 25A Premises to be licensed for the sale of liquor VerDate:30/06/1997 The sale of liquor is prohibited except on the authority of a liquor licence or a temporary liquor licence- (a) at any premises for consumption on those premises; or (b) at a place of public entertainment or a public occasion for consumption at the place or occasion. (L.N. 453 of 1996) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 26 Clubs to be licensed for supply of liquor to members VerDate:01/01/2000 (1) No liquor shall be supplied at any premises used by any club for the purposes of the club to any member of the club except under and in accordance with a club liquor licence. (2) Upon application by the secretary of a club in accordance with the form determined by the Board, the Board may, on payment of the prescribed fee and subject to such conditions as it thinks fit, issue a club liquor licence to the secretary or other person nominated by the club for the purpose. (78 of 1999 s. 7) (3) (Repealed 78 of 1999 s. 7) (46 of 1996 s. 40) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 26A Licensee to exhibit name, etc. VerDate:01/01/2000 (1) A person holding a liquor licence must display his full name and the nature and number of his licence in legible and permanent marking in letters and characters at least 75 mm high in a conspicuous place on his licensed premises. (78 of 1999 s. 7) (2) A person who is not the holder of a liquor licence must not display a sign that is reasonably calculated to suggest that he is the holder of a liquor licence and that the premises are licensed for the sale or supply of intoxicating liquors for consumption on the premises or that liquor is sold or supplied for consumption on the premises. (L.N. 453 of 1996) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 26B Board may determine forms of licences VerDate:01/01/2000 The Board may determine the form of any licence granted by it under these regulations. (78 of 1999 s. 7) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 27 (Repealed L.N. 124 of 1988) VerDate:30/06/1997 DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 28 Offence to permit persons under 18 years to drink on licensed premises VerDate:30/06/1997 PART IV OFFENCES AND SUPPLEMENTAL No licensee shall permit any person under the age of 18 years to drink any intoxicating liquor on any licensed premises. DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 29 Restrictions on employment of young persons on licensed premises VerDate:01/01/2000 (1) No licensee shall employ, or permit the employment of, on or about the licensed premises, or in connection with the business carried on therein- (a) at any time any person under the age of 15 years; or (L.N. 223 of 1980) (b) between the hours of 10 p.m. and 6 a.m. any person under the age of 18 years; or (L.N. 74 of 1982) (c) between the hours of 6 a.m. and 10 p.m. any person under the age of 18 years except with the written permission of the Board. (L.N. 74 of 1982; L.N. 329 of 1996; L.N. 467 of 1996) (1AA) If the Board refuses permission for the purposes of paragraph (1)(c), the Board must give reasons in writing for the refusal. (78 of 1999 s. 7) (1A) Any licensee aggrieved by the Board's refusal to grant permission for the purposes of paragraph (1)(c) may appeal to the Municipal Services Appeals Board within 28 days after receiving notice of the refusal. (L.N. 74 of 1982; 58 of 1990 s. 22; 78 of 1999 s. 7) (2) For the purposes of paragraph (1) a person shall be deemed to be employed, or permitted to be employed, by the licensee for whom he works on or about the licensed premises notwithstanding that- (a) he receives no wages, commission or other advantage from the licensee; or (b) any services offered by the employee are to be performed elsewhere than on the licensed premises. DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 30 Penalties VerDate:30/06/1997 (1) Any person who contravenes regulation 28 or 29 shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months. (2) If any liquor is supplied to a member of a club in contravention of regulation 26, the secretary of the club or other person nominated under that regulation, as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months. (3) Any person who contravenes regulation 27 shall be guilty of an offence and shall be liable on conviction to a fine at level 4. (4) A person who contravenes regulation 26A is guilty of an offence and liable on conviction to a fine of $1000000 and to imprisonment for 2 years. (L.N. 453 of 1996) (L.N. 338 of 1995) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 31 Police powers of access VerDate:30/06/1997 Any police officer may enter at any hour of the day or night every part of any premises or place in respect of which a liquor licence is in force. DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 32 Power to apprehend persons drinking in unlicensed place VerDate:30/06/1997 (1) If a police officer finds any person drinking intoxicating liquor in any premises or place in which such liquor is sold by retail, and a liquor licence or a temporary liquor licence in respect of such premises or place is not, on demand, produced to him, the police officer may arrest any person found drinking therein. (2) Every such person shall, if such place is in fact unlicensed, be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (L.N. 338 of 1995) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - REGULATION 33 Transitional VerDate:01/01/2000 (1) Any application under these regulations made to a former board pending immediately before the commencement date is to be treated as a new application made to the Board under these regulations as amended by the amendments and is to be disposed of by the Board accordingly. (2) Any reference in these regulations to the prescribed fee includes a reference to a fee continued in force under section 9(2) of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552) as if prescribed under section 6A of the Ordinance, until that fee is replaced under that section 6A. (3) In this regulation- "the amendments" (有關修訂) means amendments made by the Provision of Municipal Services (Reorganization) Ordinance (Cap 552) to these regulations; "commencement date" (生效日期) means the date on which the amendments come into operation; "former board" (前酒牌局) means a body which immediately before the commencement date had authority to determine an application made under regulation 15. (78 of 1999 s. 7) "the amendments" (有關修訂) "commencement date" (生效日期) "former board" (前酒牌局) DUTIABLE COMMODITIES (LIQUOR) REGULATIONS - SCHEDULE SCHEDULE (Repealed 46 of 1996 s. 41) VerDate:30/06/1997