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LCQ16: Outside seating accommodation of restaurants
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     Following is a question by the Hon Rock Chen and a written reply by the Secretary for Environment and Ecology, Mr Tse Chin-wan, in the Legislative Council today (October 8):

Question:

     "The Chief Executive's 2025 Policy Address" announced that the Government will streamline the procedures to expedite the approval process of applications for outside seating accommodation (OSA) of restaurants and introduce a licensing arrangement allowing operators to let dogs enter their food premises. There are views that the measures relating to OSA and allowing dogs to enter food premises are conducive to the expansion of business opportunities for food premises, thereby effectively unleashing the economic vitality of the community. In this connection, will the Government inform this Council:

(1) of the number of applications for OSA licences of restaurants received and approved by the Government over the past three years, as well as the average number of days for vetting and approving those applications and the success rate; the anticipated average number of working days to be shortened to in vetting and approving those applications following the introduction of measures to expedite the approval process of OSA applications; whether there are plans to introduce artificial intelligence technologies to streamline the approval process; if so, of the specific timetable for implementing such technologies;

(2) of the following information regarding restaurants approved by the Food and Environmental Hygiene Department to set up OSA in the past three years: (i) the number of prosecutions in respect of contraventions relating to OSA in each year; (ii) the average amount of fine and highest penalty imposed in such prosecution cases; (iii) ‍the number of restaurants which had their restaurant licenses revoked due to contraventions relating to OSA; and (iv) the average amount of Government rent paid by restaurants for setting up OSA;

(3) while introducing measures to expedite the approval process for OSA applications of restaurants, whether it will review the clauses for setting up OSA, e.g. requiring restaurants located in areas with high daytime but low nigh-time pedestrian flows to set up OSA during night time only; whether flexible approval procedures and management standards can be put in place for OSA applications of restaurants near venues of special events, such as those organising "a mega event in every district", so as to stimulate the economic vitality of the community and meet the operational needs during the mega events; and

(4) of the details of the research conducted by the Government on allowing dogs to enter food premises, including whether it has examined the specific practices of allowing dogs to enter food premises in the Mainland and overseas countries and regions (e.g. the type of applicable premises, conditions for dog access, operational management regulations, health safeguards and dispute resolution mechanism); whether relevant management measures and code of practice for the licensing arrangement allowing operators to let dogs enter their food premises would be developed based on the research findings, with a view to achieving a pet-friendly community while safeguarding restaurants and public health security?

Reply:

President,

     The Government announced in "The Chief Executive's 2025 Policy Address" that to further expedite the approval process of applications for outside seating accommodation (OSA) of restaurants, the Food and Environmental Hygiene Department (FEHD) will adopt a new way by proactively co-ordinating various relevant departments to undergo "joint-vetting" to resolve the matter together, and when necessary, escalate the process regarding complicated applications to the relevant Permanent Secretary or even the Deputy Chief Secretary for Administration for steer, at the same time, the procedures will be streamlined. In consultation with the Lands Department, the reply to the various parts of the question raised by the Hon Rock Chen is as follows:

(1) In the past three years, the number of applications for OSA of restaurants received by the FEHD, the processing time, cases approved and success rate are as follows:
 
  2022 2023 2024
Number of applications 73 98 93
Approvals granted (Note 1) 37 32 63
Median processing time (months) 19 23 16
Success rate (Note 2) 41% 40% 30%
Notes:
(1) Included cases where applications were made that year or earlier but approved that year.
(2) Calculated based on the year when application was received, by dividing the number of cases received that year and approved as of August 2025 by all applications received that year (including applications later withdrawn, given up by the applicants or rejected).

     The processing time of applications varies depending on the time needed for the applicant to comply with licensing requirements, handle objections from the public or relevant departments, and resolve land and other issues. It is expected that with the streamlined procedures and the "joint-vetting" mechanism, applications which are simple and straightforward could be approved within about a month. Relevant departments are working on the arrangements for streamlining the workflow so as to set concrete target timelines.

     The FEHD has also been actively applying AI technology in various areas of its work to enhance effectiveness, such as tackling fly-tipping and monitoring rodent infestation. It will continue to explore applying such technology in different areas of work to further enhance efficiency.

(2) In the past three years, prosecutions and fines imposed against restaurants with approved OSA due to OSA-related breaches are as follows:
 
Year Number of prosecutions Average fine ($) Maximum fine ($)
2022 62 1,222 5,000
2023 72 1,614 6,500
2024 57 1,818 6,500

     During the same period, no restaurant licences were revoked as a result of these violations.

     Regarding land rent, for applications to set up OSA on Government land, the Lands Department or departments managing the relevant land lot will, after consulting relevant departments, generally issues land licences or short-term tenancies, based on the specific circumstances of the land use. As of end-August 2025, the relevant annual fees for approved land licences or short-term tenancies are:
 
Approval Type Average Fee
Land licence About $3.4 per square metre
Short-term tenancy About $630 per square metre
Note: The actual fees payable for each case vary depending on the location of the land.

(3) The FEHD will coordinate relevant departments to undergo "joint-vetting" to resolve matter together and at the same time, streamline procedures, including adopting standardised Government rent for OSA, and allowing some applications to proceed without the requirement for increasing kitchen area and bathroom facilities. As for applications involving walkways with a remaining width of three metres or more after the provision of OSA, they will generally be considered as meeting the basic traffic requirements and do not have to be reviewed case-by-case. The Government will launch internal guidelines on the new "joint-vetting" mechanism to expedite applications for OSA of restaurants in Q4 2025 for implementation by departments.

     At present, many large-scale events provide catering services. When vetting relevant licence applications, the FEHD and other relevant departments will liaise closely with event organisers to develop suitable licensing conditions that take into account the venue and operational needs, so as to facilitate the events and ensure food safety, environmental hygiene and fire safety etc.

(4) The Government announced in the Policy Address that restaurant operators will be allowed to apply for permission to let dogs enter their food premises, creating new business opportunities for the industry. The Government will consult relevant trades and draw reference from practices and experiences on the Mainland and overseas, in order to formulate the implementation details of letting dogs enter food premises. Approved restaurants must display clear signage so that the public can make an informed choice, and have to comply with specified requirements and arrangements so as to balance the safeguarding of food safety and environmental hygiene, as well as the interests of the trade and consumers.

     The FEHD expects to grant permission to the first batch of applications by mid-2026, permitting a certain number of restaurants to allow dogs to enter. The Government will monitor the implementation, industry uptake and community response, and refine the details of operation as necessary.
 
Ends/Wednesday, October 8, 2025
Issued at HKT 14:25
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