LCQ1: Liquor licensing and combating unlicensed bars
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Question:
Under the existing requirements, the Liquor Licensing Board (LLB), after consultation with the Police or other government departments, may grant a liquor licence with additional conditions with which a licensee must comply (e.g. restrictions on liquor selling hours), in order to strike a balance between the commercial interests of the operator and the peace and law and order of the area. With regard to applications for renewal of liquor licences, LLB will consider the track record of the licensed premises concerned, including whether the premises have caused any nuisance to nearby residents. In addition, the Police may recommend to LLB the revocation of a liquor licence if they find that the licensed premises concerned are associated with serious crimes or in serious breach of the licensing conditions. Since August 3, 2015, the validity period of a liquor licence has been extended from one year to two years or a shorter period as LLB so decides. On the other hand, some licensed bar operators have relayed to me that the incessant increase in the number of unlicensed bars in recent years has seriously affected their business environment. In this connection, will the Government inform this Council of:
(1) the current number of premises issued with a liquor licence, and among such premises, the number of those which have been granted renewed licence of two years (and set out a breakdown by District Council (DC) district);
(2) (i) the number of times for which the Police recommended the inclusion of additional conditions in a liquor licence intended to be granted by LLB, and (ii) the number of liquor licences granted by LLB with additional conditions as per such recommendations, in each of the past three years (and set out a breakdown by the DC district to which the relevant licensed premises belonged);
(3) (i) the number of liquor licences the revocation of which was recommended by the Police, and (ii) the number of liquor licences revoked by LLB as per such recommendations, in each of the past three years (and set out a breakdown by the DC district to which the relevant licensed premises belonged); and
(4) the number of law enforcement operations carried out by the Police to combat unlicensed bars, and the respective numbers of persons arrested and prosecuted for allegedly operating unlicensed bars, in each of the past three years?
Reply:
President,
The Liquor Licensing Board (LLB) is the approving authority for liquor licence applications under the Dutiable Commodities (Liquor) Regulations (the Regulations) (Cap. 109B). Regulations 17(1) and 21 of the Regulations empower the LLB to impose, where justified on reasonable grounds, specific additional licensing conditions on liquor licences. Regulation 23 of the Regulations also empowers the LLB to revoke any liquor licence as it considers necessary.
Under the existing requirements, the Food and Environmental Hygiene Department (FEHD) will approve liquor licence applications with no adverse comment or objection under the authority delegated by the LLB. Other applications will be approved by the LLB through internal meetings or open hearings. In considering liquor licence applications, the LLB will consult the relevant government departments, including the Hong Kong Police Force (the Police), the Buildings Department and the District Offices via the Licensing Offices of the FEHD. Leveraging their professional knowledge and experience, these government departments will examine the applications in respect of the background of the applicant, environment of the premises and possible reaction of the neighbourhood. Based on their analysis and assessment, these government departments will then tender their impartial advice to the LLB through the established mechanism. The LLB will arrive at an independent decision on each case after taking into full consideration the views of the relevant government departments, the applicant and the objector(s). Depending on the circumstances of each case, the LLB may impose additional licensing conditions on individual liquor licences, such as restrictions on liquor selling hours, closing time of doors and windows, playing of music or use of amplifiers or karaoke equipment at such premises.
My reply to the various parts of the question is as follows:
(1) Starting from August 3, 2015, the maximum validity period of a liquor licence has been extended from one year to two years. Only liquor-licensed premises with a good track record for at least two consecutive years immediately before the liquor licence renewal application will be granted licence renewal for two years by the LLB.
As at March 31, 2018, there were a total of 8 126 liquor-licensed premises in Hong Kong, of which 4 090 were holding a two-year licence. A breakdown by District Council (DC) district is as follows:
| DC district | Liquor-licensed premises (figures in bracket refer to the no. of liquor-licensed premises holding a two-year licence) |
| Central & Western | 1 074 (532) |
| Wan Chai | 1 235 (630) |
| Eastern | 374 (202) |
| Southern | 156 (101) |
| Islands | 280 (179) |
| Yau Tsim Mong | 1 913 (1 031) |
| Sham Shui Po | 335 (156) |
| Kowloon City | 445 (232) |
| Wong Tai Sin | 185 (84) |
| Kwun Tong | 317 (173) |
| Kwai Tsing | 155 (76) |
| Tsuen Wan | 275 (128) |
| Tuen Mun | 207 (93) |
| Yuen Long | 365 (118) |
| North | 116 (50) |
| Tai Po | 186 (67) |
| Sha Tin | 286 (144) |
| Sai Kung | 222 (94) |
| Total | 8 126 (4 090) |
(2) Regarding liquor licence renewal applications, the number of liquor licences intended to be granted by the LLB for which imposition of additional licensing conditions was recommended by the Police and the number of liquor licenses granted by the LLB with additional licensing conditions imposed as per such recommendations, broken down by DC district, in each of the past three years are tabulated as follows:
| DC district |
2015 | 2016 | 2017 | |||
| No. of liquor licences for which imposition of additional licensing conditions was recommended by the Police | No. of liquor licences on which the LLB decided to impose additional licensing conditions as recommended by the Police (Note) | No. of liquor licences for which imposition of additional licensing conditions was recommended by the Police | No. of liquor licences on which the LLB decided to impose additional licensing conditions as recommended by the Police (Note) | No. of liquor licences for which imposition of additional licensing conditions was recommended by the Police | No. of liquor licences on which the LLB decided to impose additional licensing conditions as recommended by the Police (Note) | |
| Central & Western | 287 | 286 | 290 | 290 | 206 | 206 |
| Wan Chai | 126 | 126 | 132 | 132 | 146 | 146 |
| Eastern | 4 | 4 | 6 | 6 | 7 | 7 |
| Southern | 7 | 7 | 4 | 4 | 4 | 4 |
| Islands | 3 | 3 | 6 | 4 | 6 | 6 |
| Yau Tsim Mong | 237 | 237 | 156 | 156 | 189 | 189 |
| Sham Shui Po | 9 | 9 | 12 | 12 | 11 | 11 |
| Kowloon City | 14 | 14 | 32 | 32 | 36 | 36 |
| Wong Tai Sin | 2 | 2 | 4 | 4 | 1 | 1 |
| Kwun Tong | 4 | 4 | 9 | 9 | 7 | 7 |
| Kwai Tsing | 6 | 6 | 8 | 8 | 8 | 8 |
| Tsuen Wan | 14 | 14 | 19 | 19 | 18 | 18 |
| Tuen Mun | 13 | 13 | 11 | 11 | 11 | 11 |
| Yuen Long | 23 | 23 | 20 | 20 | 17 | 17 |
| North | 8 | 8 | 14 | 14 | 8 | 8 |
| Tai Po | 22 | 22 | 22 | 22 | 15 | 15 |
| Sha Tin | 3 | 3 | 5 | 5 | 6 | 6 |
| Sai Kung | 12 | 12 | 8 | 8 | 4 | 4 |
Note: including those with partial adoption of the Police's recommendations.
(3) The number of liquor licences the revocation of which was recommended by the Police and the number of liquor licences revoked by the LLB as per such recommendations, broken down by DC district, in each of the past three years are tabulated as follows:
| DC district (Note) |
2015 | 2016 | 2017 | |||
| No. of liquor licences the revocation of which was recommended by the Police | No. of liquor licences that the LLB decided to revoke | No. of liquor licences the revocation of which was recommended by the Police | No. of liquor licences that the LLB decided to revoke | No. of liquor licences the revocation of which was recommended by the Police | No. of liquor licences that the LLB decided to revoke | |
| Yau Tsim Mong | 3 | 1 | 0 | 0 | 1 | 1 |
| Wan Chai | 0 | 0 | 1 | 0 | 0 | 0 |
Note: In districts not shown in the above table, there were no premises against which revocation of liquor licence was recommended by the Police.
(4) The number of law enforcement operations carried out by the Police to combat unlicensed bars and the respective numbers of persons arrested and prosecuted for allegedly selling liquor without a licence in each of the past three years are tabulated as follows:
| 2015 | 2016 | 2017 | |
| Number of Police operations against premises selling liquor without a licence | 155 | 225 | 225 |
| Number of persons arrested for selling liquor without a licence | 126 | 132 | 176 |
| Number of persons prosecuted for selling liquor without a licence | 76 | 102 | 110 |
Ends/Wednesday, May 2, 2018
Issued at HKT 17:46
Issued at HKT 17:46
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