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Following is a question by the Hon James To Kun-sun and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (December 20):
Question:
It has been reported that the recent death of an under-aged girl in a disco due to drug abuse has aroused controversies over the role of the Liquor Licensing Board (the Board) and the liquor licensing mechanism. At present, the Police will provide information on premises selling liquor, where irregularities have been found, for the Board's reference in considering applications for renewal of liquor licences. In this connection, will the Government inform this Council whether it will enhance the statutory powers of the Board so that the Board can implement a penalty point system for liquor licensees; if such a system is implemented, whether it will require that:
(a) penalty points be given to liquor licensees in respect of premises selling liquors where irregularities were found or serious nuisances were caused to the residential premises in their vicinity;
(b) the validity period of a liquor licence be linked to the number of penalty points given to the licensee, so that the Board may issue licences of different validity periods in accordance with the numbers of penalty points given to the licensees, so that licensees will enhance the management of their premises;
(c) the Police's comments on the subject premises be incorporated into the penalty point system to ensure that such comments will be fully taken into account when applications for liquor licenses are considered; and
(d) comments from the relevant District Councils be incorporated into the penalty point system to ensure that such comments will be fully taken into account, so that the Board can adopt more objective criteria in considering applications for liquor licences, thereby reducing controversies in the community in this regard?
Reply:
Madam President,
Under section 17 of the Dutiable Commodities (Liquor) Regulations (Cap 109B), the Liquor Licensing Board (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.
Section 23 of the Dutiable Commodities (Liquor) Regulations also empowers the Board to revoke, suspend or refuse to renew a liquor licence, if in its opinion-
(a) there is proof to its satisfaction of an offence against the Dutiable Commodities Ordinance (Cap 109);
(b) the person holding the licence has failed to comply with any condition of the licence;
(c) the person holding the licence has ceased to be a fit and proper person to hold the licence;
(d) 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
(e) public interest so requires.
The Dutiable Commodities (Liquor) Regulations does not impose on the Liquor Licensing Board the mechanism for determining whether to grant a liquor licence. Since the Board is vested with the statutory power to independently decide on the granting of liquor licence, it is not appropriate for the Government to take the place of the Board in deciding whether to introduce a penalty point system or comment on the detailed functioning of such a system as mentioned in the question. We have referred Member's views to the Board for consideration.
Ends/Wednesday, December 20, 2006
Issued at HKT 12:40
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