DUTIABLE COMMODITIES (LIQUOR) REGULATIONS

DUTIABLE COMMODITIES (LIQUOR) REGULATIONS

DUTIABLE COMMODITIES (LIQUOR) REGULATION

ARRANGEMENT OF SECTIONS

Regulation

Pa
ge

PART 1

PRELIMINARY

1. Citation.................................... ... ... ... ... . ... ... R 2

2. Interpretation.............................. ... ... ... ... ... ... ... ... B 2

PART 11

LIQUOR LICENSING
BOARDS

3. Urban Council may delegate powers .......... ... ... ... ... ... ... ... B 3
4. Regional Council may delegate powers ....... ... ... ... ... ... ... ... B 3

5-12.......[Revoked] .......................... ... ... ... ... ... ... ... ... ... B 3

Procedure of Board

13. Meetings of Board................ ... ... ... ... ... ... ... ... ... ... B 3
14. Mode of voting .................. ... ... ... ... ... ... ... ... ... B 3

PART III

LIQUOR LICENCES

15..................Applications for liquor licences ... ... ... ... ... ... ... ... ... ... B 3

16..................Advertisement of applications ... ... ... ... ... ... C* - *11 - B4

17. Decision of Board. Appeal to Governer in Council p d- B 4
..

18.......................Only one licence to be granted per person ... ... ... ... ... ... ... ... B 4
19.......................Restriction against further applications ... ... ... ... ... ... ... ... B 4

20..................Issue and duration of licences ... ... ... ... ... ... ... ... ... ... B 4

21.......................Liquor licence subject to conditions, etc . ... ... ... ... ... ... ... ... B 5

22..............Transfer of licences .......... ... ... ... ... ... ... ... ... ... ... B 5

23.......................Revocation and suspension of licences ... ... ... ... ... ... ... ... B 5

24..................Illness or absence of licensee ... ... ... ... ... ... ... ... ... ... R 5

25................Issue of temporary licences ... ... ... ... ... ... ... ... ... ... ... B 5

26.............................Clubs to be licensed for supply of liquor to members ... ... ... ... ... B 5

27....................Permits for entertainment in bars ... ... ... ... ... ... ... ... ... B 6

PART IV

OFFENCES AND






SUPPLEMENTAL

28. Offence to permit persons under 18 years to drink on licensed premises ... ... B 6

29. Restrictions on employment of young persons on licensed premises ... ... ... B 6
30. Penalties B 7

31................Police powers of access ..... ... ... ... ... ... ... ... ... ... ... B 7
32. Power to apprehend persons drinking in unlicensed place B 7

Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B8





DUTIABLE COMMODITIES (LIQUOR) REGULATIONS

(Cap. 109, section 6)

[24 April 1970.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Dutiable Commodities
(Liquor) Regulations.

2. (1) In these regulations, unless the context otherwise requires

'bar' means any place exclusively or mainly used for the sale and
consumption of intoxicating liquor;

'Board'

(a)in relation to the Urban Council area, means the Urban
Council;

(b)in relation to the Regional Council area, means the Regional
Council;

'club liquor licence' means a club liquor licence issued under regulation
26;

'licensed premises' means the premises specified in a liquor licence on
which the sale of intoxicating liquor is permitted pursuant to the
licence;

'licensee' 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' includes a club liquor licence;

'prescribed fee' means the fee prescribed by the Schedule to the
Dutiable Commodities Regulations or where a notice has been
published in accordance with section 6(5) or (7) of the Ordinance,
the fee specified in such notice;

'secretary', in relation to a club, includes any officer of the club or
other person performing the duties of the secretary;





'temporary liquor licence' means a temporary liquor licence issued
under regulation 25.

(2) In these regulations a reference to a form by number shall be
read as a reference to the form so numbered in the Schedule.

PART 11

LIQUOR LICENSING BOARDS

3. The Urban Council may delegate its powers and functions under
these regulations to a committee of the Council.

4. The Regional Council may delegate its powers and functions
under these regulations to a committee of the Regional Council.

5-12. [Revoked, 19 of 1973, s. 541

Procedure of Board

13. (1) The Board shall meet during March, June, September and
December and at such other times as may be necessary for the
transaction of licensing business.

(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.

14. (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 chairman shall have a
second or casting vote.

PART 111

LIQUOR LICENCES

15. (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 Form 1.

(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' does not include a temporary liquor licence.

16. 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 or sign of the premises to which the application relates.

17. (1) The Board may refuse any application or may grant it
absolutely or subject to such conditions, in addition to those specified
in Form 2, as it thinks fit.

(2) The applicant or 20 persons residing within a radius of 400 metres from
the premises licensed or to be licensed may appeal-by way of petition
to the Governor in Council any decision of the Board under paragraph
(1).

18. No person may be granted more than one liquor licence which is
not a club liquor licence.

19. (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 concemed 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), such person may appeal, by way of
petition, to the Govenor in Council against the refusal.



20. (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.





(2) [Deleted, 39 of 1985, s. 60]

(3) A liquor licence shall be valid for a period of 1 year, 9 months, 6
months or 3 months as the Board shall determine commencing from the
date on which it is granted or such other subsequent date as the Board
may determine.

(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.

21. A liquor licence shall be in accordance with Form 2 and subject
to the conditions set out therein and to any additional conditions
imposed under regulation 17.

22. Upon application in accordance with Form 1 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.

23. (1) The Board may revoke or suspend for any period it thinks fit
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.

(2) A person may appeal, by way of petition, to hte Covernor in Council against and
any decision of the Board under paragraph (1).

24. 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 a fee of $ 10, 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.

25. (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) A temporary liquor licence shall be in accordance with Form 3.

26. (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
Form 4, 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.

(3) A club liquor licence shall be in accordance with Form 5.

27. (1) No person shall adverise, present or carry on any
entertainment in a bar without a permit granted by the Commissioner of
Police either generally or in any particular case as may appear to him
expedient.

(2) The Commissioner may in his discretion grant, refuse or cancel
any such permit and may rant it subject to such conditions as he may
think fit.

(3) No such permit shall be granted in the name of more than 1
person.

(4) The person to whom the permit is granted shall be
responsible for the due observ rice of all the conditions of the permit
and shall, if so required, furn' h security for the observance thereof.

(5) A person aggrieved by any decision of the Commissioner under
this regulation may, within 14 days of being notified thereof,
appeal by way of petition to the Governor in Council, who may
confirm, reverse or vary the decision of the Commissioner.

(6) In this regulation

'entertainment' includes any concert, stage play, stage performance
or other musical, dramatic or theatrical entertainment or any
part tl ir of' any nematograph display, lecture, story-telling,
exhibition of pic ures, photographs or books, exhibition of dancing,
conju rig or juggling, acrobatic performance, exhibition of normal
persons or animals, any sporting exhibition or contest or any
mechanical device designed for amusement.



PART IV

OFFENCES AND SUPPLEMENTAL

28. No licensee shall permit any person under the age of 18 years to
drink any intoxicating liquor on any licensed premises.

29. (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





(b)between the hours of 8 p.m. and 6 a.m. any female under the
age of 18 years; or

(e)between the hours of 6 a.m. and 8 p.m. any female under the
age of 18 years except with the written permission of the
Board.

(IA) Any licensee aggrieved by the Board's refusal to grant
permission for the purposes of paragraph (1)(c) may appeal by way of petition,
to the Governor in Council.


(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.

30. (1) Any person who contravenes regulation 28 or 29 shall be
guilty of an offence and shall be liable on conviction to a fine of $5,000
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 of 55,000 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 of $2,000.

31. 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.

32. (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
of $250.





SCHEDULE
FORM 1 [regs. 15 & 22.1
No . ...............................
Application for Liquor Licence (or Transfer of Liquor Licence)

Name of applicant ......................................................................................................
Address
......................................................................................................................
Nationality
.................................................................................................................

Has held a licence for .............years.

Description of premises to be licensed ........................................................................
Licensed premises to be at ..........................................................................................
Its name or sign to be ..................................................................................................
Whether or not a bar is to be kept on the premises ......................................................
Whether permission for dancing is desired ..................................................................
Whether premises to be used as a hotel .......................................................................

To the LICENSING BOARD,

I give notice that 1 intend to apply at the next meeting of the Board for a liquor licence (or for
transfer of a liquor licence) in respect of the above-named premises.

Date .................... 19

(Signed) ...................................................

We, the undersigned, having resided in Hong Kong during the whole of the 10 years
immediately preceding the date of this application, and being in no way directly or indirectly
connected with the sale of liquor to the applicant, certify that the abovenamed applicant is a person of
good fame and reputation and fit and proper to hold a liquor licence.

(Signed) 1 . ...............................................................

(Address) .......................................

(Date) .... 19

2 ................................................................

(Address) .......................................

(Date) .... 19

FORM 2 [regs. 17 & 2 1.1






Licence is hereby granted to the person, for the period, and at the premises


specified above to sell intoxicating liquors retail for consumption on the premises on


the following conditions-


1. No disorder shall be permitted on the premises.

2. No person shall be allowed to become drunk on the premises, nor shall


liquor be supplied plied to any person who is drunk.



3. No games of chance shall be played on the premises.


4. A decent and suitable privy and urinal shall be maintained in a state of

cleanliness and good repair for the use of customers.


5. The licensee shall not abandon the occupation of the premises or permit any

other person to become virtually the keeper
thereof.

6. The name of any liquor for which a standard of quality is is prescribed by

regulations shall
be clearly marked on the container in or from which the liquor is supplied to any customers.


supplied to any customers.

7. The licensee shall not permit to occupy or use any portion of the premises
for any immoral purpose.


8. Common prostitutes or reputed thieves shall not be knowingly suffered to
assemble or remain on the premises.

9. Drunkenness, or violent, quarrelsome or other disorderly conduct on the

premises shall not be wilfully or
knowingly permitted; nor shall persons of known bad

character be knowingly suffered or permitted to assemble and meet therein.


10. No dancing shall be permitted on the premises, except with the permission


Board endorsed hereon. A


PR

11. No bar shall be kept on the premises, except with the permission of the


Board endorsed hereon.

Endorsements



Date ...........19

..F]

.......... . 1

Secretary to the Board






3 [reg. 25.1
Temporary Liquor Licence

No ................................

Name of licensee
................................................................................................
........ Address of licensee
................................................................................................
..... Nature and place of public entertainment or public occasion
......................................

.......................................

.......................................
Period of licence, from ..............to

Fees $ ............................................

Licence is hereby granted to the person, for the period, and at the place specified above to sell
intoxicating liquors retail for consumption at the said place on the following conditions

(conditions to he inserted)

Date ............... 19

...................

Commissioner of Police

FORM 4 [reg. 26.]

Application foer Club Liquor Licence

Name of Club
..................................................................................................
...........

Name of Secretary ...(Telephone No . ..)

Name of nominee (if other than the Secretary)
...........................................................
Address
.................................................................................................
.....................
Nationality
.................................................................................................
................

Has held a licence for ................ years.

Club premises to be at
................................................................................................

To the LICENSING BOARD,

I give notice that 1 intend to apply at the next meeting of the Board for a club liquor licence in
respect of the above-named club.

Date ............... 19

(Signed) ..................

Secretary





FROM 5 [reg. 26.]

Club Liquor Licence

No ................................

Name of club
..............................................................................................................

Name of *secretary/ person nominated under regulation 26
........................................

......................................

Address of club ..........................................................................................................

Period of licence, from .................. to .........................................

Fee $ .............................................

Licence is hereby granted for the supply of intoxicating liquors to the
members of the club, at the premises and for the period specified above on the
following conditions-

(conditions to be inserted)

Date ..............., 19

...............

Secretary to the Board

* Delete whichever is inapplicable.
L.N. 58/70. L.N. 4/71. L.N. 30/73. 19 of 1973. L.N. 149/75. L.N. 16/77. L.N. 35/79. L.N. 223/80. L.N. 370/81. L.N. 378/81. L.N. 74/82. L.N. 189/82. L.N. 320/83. 39 of 1985. L.N. 140/87. Citation. Interpretation. 39 of 1985, s. 60. 19 of 1973, s. 54. L.N. 140/87. (Cap. 109, sub. leg.) Schedule. Urban Council may delegate powers. 19 of 1973, s. 54. Regional Council may delegate powers. 39 of 1985, s. 60. Meetings of Board. Mode of voting. Applications for liquor licences. Schedule, Form 1. Advertisement of applications. Decision of Board. Appeal to Governor in Council. Schedule, Form 2. L.N. 189/82. Only one licence to be granted per person. Restriction against further applications. L.N. 223/80. Issue and duration of licences. L.N. 16/77. 39 of 1985, s. 60. L.N. 149/75. L.N. 320/83. Liquor licence subject to conditions, etc. Schedule, Form 2. Transfer of licences. Schedule, Form 1. L.N. 16/77. Revocation and suspension of licences. L.N. 35/79. Illness or absence of licensee. Issue of temporary licences. Schedule, Form 3. Clubs to be licensed for supply of liquor to members. Schedule, Form 4. Schedule, Form 5. Permits for entertainment in bars. [cf. Cap. 172, s. 8.] Offence to permit persons under 18 years to drink on licensed premises. Restrictions on employment of young persons on licensed premises. L.N. 223/80. L.N. 74/82. L.N. 74/82. L.N. 74/82. Penalties. Police powers of access. Power to apprehend persons drinking in unlicensed place. 39 of 1985, s. 60. L.N. 30/73. 39 of 1985, s. 60.

L.N. 58/70. L.N. 4/71. L.N. 30/73. 19 of 1973. L.N. 149/75. L.N. 16/77. L.N. 35/79. L.N. 223/80. L.N. 370/81. L.N. 378/81. L.N. 74/82. L.N. 189/82. L.N. 320/83. 39 of 1985. L.N. 140/87. Citation. Interpretation. 39 of 1985, s. 60. 19 of 1973, s. 54. L.N. 140/87. (Cap. 109, sub. leg.) Schedule. Urban Council may delegate powers. 19 of 1973, s. 54. Regional Council may delegate powers. 39 of 1985, s. 60. Meetings of Board. Mode of voting. Applications for liquor licences. Schedule, Form 1. Advertisement of applications. Decision of Board. Appeal to Governor in Council. Schedule, Form 2. L.N. 189/82. Only one licence to be granted per person. Restriction against further applications. L.N. 223/80. Issue and duration of licences. L.N. 16/77. 39 of 1985, s. 60. L.N. 149/75. L.N. 320/83. Liquor licence subject to conditions, etc. Schedule, Form 2. Transfer of licences. Schedule, Form 1. L.N. 16/77. Revocation and suspension of licences. L.N. 35/79. Illness or absence of licensee. Issue of temporary licences. Schedule, Form 3. Clubs to be licensed for supply of liquor to members. Schedule, Form 4. Schedule, Form 5. Permits for entertainment in bars. [cf. Cap. 172, s. 8.] Offence to permit persons under 18 years to drink on licensed premises. Restrictions on employment of young persons on licensed premises. L.N. 223/80. L.N. 74/82. L.N. 74/82. L.N. 74/82. Penalties. Police powers of access. Power to apprehend persons drinking in unlicensed place. 39 of 1985, s. 60. L.N. 30/73. 39 of 1985, s. 60.

https://oelawhk.lib.hku.hk/items/show/2483

1964

v8

109

11