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The Food and Environmental Hygiene Department (FEHD) will proactively follow up on the recommendations made by The Ombudsman in its direct investigation report released today (May 9) on regulatory measures and enforcement actions against illegal extension of business area by restaurants. Follow-up actions include continuing to implement practicable measures, as well as giving further thought to some of the new recommendations.
An FEHD spokesman said, "The department has all along been concerned about the problem of illegal extension of business area by restaurants and has adopted a multi-pronged approach and implemented targeted measures to deal with the issue in recent years. The measures include stepping up inspections and enforcement actions, speeding up the prosecution process, and providing the court with additional information such as conviction records, the number of complaints received and the concerns of the District Councils (DCs) for consideration in passing sentences. All these measures aim to enhance the deterrence against offenders and the effectiveness of enforcement actions for curbing such activities."
In addition, in processing applications for a provisional licence for food premises situated at black spots where illegal extension of business area is rampant and with records of repeated prosecutions, an additional licensing requirement demanding the applicants not to occupy areas beyond the confines of their premises will be imposed. No provisional licence will be granted if such a requirement is not met. Breach of the licensing requirement will result in cancellation of the provisional licence if a licensee fails to rectify the irregularity within a specified period. When the suspension or cancellation of a licence is pending appeal by a recalcitrant offender, the Director of Food and Environmental Hygiene (DFEH) will consider not exercising his discretion to suspend the execution of the licence suspension or cancellation decision. This will deter licensees of food premises from abusing the appeal mechanism for a delay in the execution of penalties, which can diminish the effectiveness of the sanction mechanism.
The FEHD has kept under review the effectiveness of the regulatory measures taken. With the implementation of the above measures, the number of prosecutions instituted against licensed food premises for illegal extension of business area rose from 783 in 2010 to 1 350 in 2012. The number of suspensions or cancellations of licences of food premises resulting from illegal extension of business area rose from 126 in 2010 to 238 in 2012. The number of related complaints decreased from over 6 220 in 2011 to about 4 950 last year, showing that the enforcement actions are paying off.
"To further combat food premises persistently extending their business area outside their premises illegally, the FEHD will continue to roll out more stringent measures, including the deployment of existing resources to set up a task force comprising Health Inspector grade officers to crack down on serious breaches at the targeted black spots on a pilot basis, and to effect arrest and seizure of paraphernalia when situations warrant," the spokesman said.
In addition, the FEHD will take firm actions against non-compliant applicants and licensees by further tightening measures on the issue, suspension and cancellation of licences. In regard to unlicensed food establishments with illegal extension outside their premises, the FEHD will also consider applying for court orders to close these premises.
Moreover, the Licensing Appeals Board has implemented a number of measures to improve the appeal mechanism. These include speeding up appeal handling procedures and, as regards repeat offenders, considering to uphold DFEH's decision not to suspend execution of his licence suspension or cancellation decision pending the ruling of an appeal by the Municipal Services Appeals Board. Such measures will help prevent restaurant licensees from abusing the appeal mechanism.
The spokesman said that the department will formulate enforcement strategies and measures, in light of the manpower resources and work priorities, for better tackling the problem of illegal extension of business area by food premises. It will also adopt more stringent actions against food premises persistently operating beyond the confines of their premises for the upkeep of environmental hygiene. The FEHD will brief the DCs on the enhanced measures and seek their support. For law-abiding food business operators, the department will continue its business facilitation measures already in place. On those recommendations which would have widespread impact on all restaurants, more in-depth studies will be required. The department will, depending on the seriousness of the situation, manpower resources and work priorities, continue to formulate and implement appropriate measures to deal with the problem.
Ends/Thursday, May 9, 2013
Issued at HKT 15:21
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