LCQ10: Processing of food business licence applications
*******************************************************
Question:
Recently, some organisations of the retail industry have relayed to me that the criteria for processing food business licence applications are too stringent, and the time taken for processing them is too long. The relevant processing criteria include the one that food premises must comply with building safety requirements (including the absence of unauthorised building works). The Buildings Department (BD) will provide a reply to the Certificate on Completion of Building Works Not Resulting in a New Building or of Street Works (completion certificate) submitted by a works contractor for the building works, advising either that the completed works have been accepted or there are outstanding issues to be rectified. In this connection, will the Government inform this Council:
(1) as some restaurant licence applicants have alleged that the criteria adopted by BD for deciding whether to accept the completed building works are too stringent and that BD has taken too long to give a reply to the completion certificate, whether BD will conduct a review and make improvements (including setting a performance pledge on the response time);
(2) whether the Food and Environmental Hygiene Department will consider setting up a task force to expedite the processing of (i) new applications for Composite Food Shop Licence, (ii) applications for alteration to the approved plan of licensed food premises, and (iii) applications for transfer of food business licence;
(3) given that licensed restaurants/light refreshment restaurants currently operating in Government-managed venues and holding a liquor licence are required to apply for a temporary liquor licence separately on each occasion when they serve or sell liquor at places within the venues but outside their restaurants/light refreshment restaurants, whether the authorities will conduct a review and streamline the relevant procedure; and
(4) as some restaurant operators have pointed out that restaurant premises are required under the current restaurant licence to provide ventilation facilities to ensure an adequate supply of fresh air for the people inside the premises, but it is difficult for some small restaurants with seats placed in a non-enclosed area (such as the atrium) of a shopping mall to comply with such requirement, whether the authorities will conduct a review and make improvements?
Reply:
President,
In respect of food business licensing, the Food and Environmental Hygiene Department (FEHD) aims to provide efficient services for all applicants. To achieve this goal, it requires the joint efforts of various government departments and licence applicants. My reply to various parts of the question is as follows:
(1) For all approved alteration and addition (A&A) works, the Buildings Ordinance (Cap. 123) (BO) stipulates that the authorised person (AP) together with the registered structural engineer (RSE) and the registered contractor, are required to submit to the Buildings Department (BD) a "Certificate on Completion of Building Works Not Resulting in a New Building or of Street Works" (the Certificate) after the completion of the A&A works to certify that the works have been completed in accordance with the approved plans and in compliance with the BO and its allied regulations. While there is no statutory time limit under the BO for processing the Certificate, BD has set a work target and will provide a reply within 28 days after receipt of the Certificate advising the acceptance of the completed works or the outstanding issues to be rectified.
To facilitate the trade, FEHD will issue a provisional licence for the processing of food business premises so as to enable the applicant to have more time to deal with the certification for the approved A&A works. In applying for a provisional licence, the applicant is only required to appoint an AP or a RSE to confirm that the A&A works have been completed in accordance with the approved plans so that the applicant can run the food business in a safe building environment when following up the relevant matters relating to the Certificate.
(2) FEHD adopts a third party certification system for the issue of a full Composite Food Shop Licence. The Licensing Authority accepts a Certificate of Compliance (issued by an AP or a RSE) to confirm the compliance with all health requirements for the issue of a full licence. This arrangement enables the applicant to obtain the full licence early without requiring any site inspection by FEHD staff to confirm compliance with all health requirements. Each application is also co-ordinated by a case manager. However, the processing time for an application is contingent upon the time taken up by the applicant in complying with the relevant licensing requirements, settling objections raised by the public or other departments concerned and addressing relevant land issues, if any. It varies from case to case.
FEHD has since February 2018 recruited additional manpower to assist in handling the outstanding applications for alteration to the approved plans in district offices. With the addition of manpower, the time for handling other licensing matters including transfer of licence by health inspectors in district offices can also be shortened correspondingly.
(3) According to section 25 of the Dutiable Commodities (Liquor) Regulation (Cap. 109B), 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. When processing the applications for temporary liquor licences, the Police Force will consider whether the relevant sale will affect public order and public safety on a case-by-case basis. We currently have no plan to change the existing practice.
(4) According to Public Health and Municipal Services Ordinance (Cap. 132), restaurant which does not have adequate natural ventilation has to be provided with a ventilating system such that an amount of outside air not less than 17 cubic metres per hour for each person who may be accommodated in the premises will be provided. Application for approval of a mechanical ventilating system must be accompanied by the proposed layout plans of the mechanical ventilating system and a certificate from the supplier of the system in respect of the mechanical ventilating system for consideration. If the proposed restaurant is in a shopping arcade, the applicant needs to provide the mechanical ventilating system block plan. Upon receipt of an application for approval of a proposed mechanical ventilating system, FEHD will preliminarily assess the acceptability of the proposal before forwarding the application to concerned departments (such as BD and Fire Services Department) for comment. FEHD will assess the acceptability of the proposal on its individual merits and ensure the compliance with statutory requirement with a view to protecting public health.
Ends/Wednesday, March 28, 2018
Issued at HKT 15:00
Issued at HKT 15:00
NNNN