A Guide to Restaurant for Hong Kong Enterprises

8/3/2019 A Guide to Restaurant for Hong Kong Enterprises

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(i)

A GUIDE TO APPLICATION FOR

RESTAURANT LICENCES

Food and Environmental Hygiene Department

(January 2000 Edition)


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FOOD AND ENVIRONMENTAL HYGIENE DEPARTMENT

PERFORMANCE PLEDGE

APPLICATION FOR RESTAURANT LICENCES

We are pleased to state below our performance targets in respect of applications for

restaurant licences.___________________________________________________________________________

To help us serve you as we pledge, please :-

z submit your application form together with 3 copies of a proposed layout plan as soon aspossible;

z do not revise the proposed layout plans unnecessarily once submitted;z whenever there are changes to the submitted plans for the application, the applicant is

required to highlight any proposed changes on the revised plans with colour pens and

simple descriptions before making submission to this department for consideration and

referral to other departments for processing. Revised plans not in compliance with this

requirement will be rejected;z inform us of your new correspondence address and contact telephone number should there

be any changes;

z quote your case number and leave your contact telephone number in your correspondencewith us.

Processing Steps

Standard

Response Time

z Return of Proposed Layout Plansfailing the Preliminary Screening

10 working days after the receipt of proposed

layout plans

z Application Vetting Panel Meeting

20 working days from accepting the application

for licence

z Issue of Letter of Requirements(Provisional Licence)

z Issue of Letter of Requirements(Full Licence)

Before or at the Application Vetting Panel

Meeting after confirmation of the premises as

being suitable for licensing

Before or at the Application Vetting Panel

Meeting after confirmation of the premises as

being suitable for licensing

z Final Verification Inspection 8 working days from receipt of report ofcompliance by applicant

z Issue of Full Licence 7 working days from Final VerificationInspection

z Issue of Provisional Licence 7 working days from receipt of acceptablecertificates of compliance (Within 1 working day

if submitted to Licence Issuing Office)

(ii)


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(iii)

All correspondence should be addressed to :-

Hong Kong Island

Assistant Secretary (Restaurant Licensing),

Hong Kong Licensing Office,8th floor, Lockhart Road Complex,

225 Hennessy Road, Wan Chai, Hong Kong

ENQUIRY HOTLINES : 2879 5738 or 2879 5717

Kowloon

Assistant Secretary (Restaurant Licensing),

Kowloon Licensing Office,

4th floor, Pei Ho Street Complex,

333 Ki Lung Street, Sham Shui Po, Kowloon


New Territories

__________________________________________________________________________

The enquiry hotlines of the following offices of other departments are also useful :-

Office Department Enquiry Hotline

Licensing Unit Buildings Department 2626 1257

Hong Kong Fire Protection Regional

Office

Fire Services Department 2549 8104

Kowloon Fire Protection Regional

Office 2302 5311

New Territories Fire ProtectionRegional Office 2302 5372

Fire Services Department

Fire Services Department

2302 5322 /

2302 5341 /

Ventilation Division Fire Services Department 2718 7567

Assistant Secretary (Restaurant Licensing)

Food and Environmental Hygiene Department

New Territories Licensing Office

4th Floor, Tai Po Complex,No.8 Heung Sze Wui Street, Tai Po, N.T.



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(iv)

CONTENTS

IMPORTANT ADVICE

DOs and DONTs for Applicants for Restaurant Licences

Part I

GENERAL

Paragraph

1 - 2 Introduction

3 Legislation

4 - 5 General Policy

6 Suitability of Premises

7 Differences between General and Light Refreshment Restaurant Licences

8 Pre-requisites for Issue of a Restaurant Licence

Part II

HOW TO APPLY FOR A RESTAURANT LICENCE

Paragraph

9 Application Form and Proposed Layout Plans

10 What to Be Shown in the Proposed Layout Plans

11 How to Prepare the Proposed Layout Plans

12 Minimum Area for Food Room

13 Location of Food Room

14 Seating Area and Number of Customers

15 - 16 Sanitary Fitments

17 - 18 Choice of Fuel

19 Ablution and Scullery Facilities


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20 Utensil Sterilization

21 Staff Changing Rooms/Lockers

Part III

VENTILATION

Paragraph

22 Ventilation

23 Natural Ventilation

24 - 25 Mechanical Ventilating System

26 How to Apply for Approval

27 Window Type Air-conditioners

28 Criteria for Approval

Part IV

THE ROLE OF THE


Paragraph

29 Procedures of Processing Application for General/Light Refreshment

Restaurant Licences

30-31 Submission of Application32-33 Preliminary Screening of Layout Plans

34 Separate Site Inspection

35 Application Vetting Panel

36 Issue of Letter of Requirements

37 Refusal

38-39 Report of Compliance

40 Final Verification Inspection

41 Notification of Result to Applicant

(v)


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(vi)

Part V

THE ROLE OF THE BUILDINGS DEPARTMENT

Paragraph

42 - 43 The Role of the Director of Buildings

44 Structural Safety

45 Fire Resisting Construction

46 - 47 Means of Escape

48 - 50 Unauthorized Building Works Affecting Public Safety

51 - 52 Application Processing

53 3-tier System for Verification of Compliance with Building Safety

Requirements

Part VI

THE ROLE OF THE FIRE SERVICES DEPARTMENT

Paragraph

54 The Role of the Director of Fire Services

55 How to Obtain a Fire Services Certificate

56 The Procedures

57 Fire Services Requirements

58 - 59 Certificate of Fire Service Installations and Equipment and Certificate of

Compliance (FSI/314A)

60 Dangerous Goods Licence/Letter of Approval

61 Liquid Fuel

62 Solid Fuel

63 - 65 Letter of Compliance (Ventilating System)

66 Catalogue of Emergency Lighting Unit

67 Report of Compliance

68 Follow-up Inspection


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69 - 70 Issue of a Fire Services Certificate

71 - 72 Re-visit for Non-compliance

Part VII

THE ROLE OF THE ELECTRICAL AND MECHANICAL

SERVICES DEPARTMENT

Paragraph

73 - 75 The Role of the Director of Electrical and Mechanical Services

76 Electricity

77 - 81 Town Gas and LPG

Part VIII

PROVISIONAL RESTAURANT LICENCES

Paragraph

82 Provisional General/Light Refreshment Restaurant Licences

83 - 84 Application and Licensing Procedures

85 - 86 Criteria for Issue

87 Validity

88 - 89 Renewal

90 Transfer

91 Licence Fee

92 - 93 Monitoring

Part IX

ENVIRONMENTAL PROTECTION MEASURES

Paragraph

94 - 95 Environmental Requirements Relating to Restaurants

96 - 107 Important Advice


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(viii)

Appendices

Appendix

A Licensing Offices of the Food and Environmental Hygiene

Department

B List of Approved Food Items for Light Refreshment Restaurants

C Application Form for Restaurant Licence

D Samples of Layout Plans

E One-stop Shop Offices of the Environmental Protection Department

F Standard Requirements and Conditions for Ventilating (Air-

conditioning) System

G Flow Chart Showing Restaurant Licensing Procedures

H Restaurant Licence Application Quality Audit Result Report

I Standard Requirements and Conditions for Full General Restaurant

Licence

J Standard Requirements and Conditions for Full Light Refreshment

Restaurant Licence

K List of Unauthorized Building Works Affecting Public Safety

L Categorisation of Typical Building Safety Issues

M Fire Protection Regional Offices and Ventilation Division of the Fire

Services Department

N Samples of Certificate/Licence/Letter Required by the Fire Services

Department

O The Electrical and Mechanical Services Department

P Health and Ventilation Requirements for the Issue of Provisional

General/Light Refreshment Restaurant Licence

Q Report of Compliance for the Grant of Provisional General/Light

Refreshment Restaurant Licence

R Certificate of Compliance A (Health Requirements)

S Certificate of Compliance B (Building Requirements)

T Certificate of Compliance C (Fire Services Requirements)

U Certificate of Compliance D (Ventilation Requirements)


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(ix)

IMPORTANT ADVICE

DOs & DONTs for Applicants for

Restaurant Licences

DOs

DO choose premises whose use is suitable for operating restaurant business under the

occupation permit, the Government Lease and the relevant statutory town plan

DO choose premises in which there are no unauthorized building works by cross

reference to the approved building plan.

DO choose premises with nett floor areas preferably not less than 30m

2

and 20m

2

respectively for a general restaurant and a light refreshment restaurant.

DO choose premises on floors with adequate loading capacity.

DO choose premises with adequate means of escape.

DO choose premises with mains water supply, flushed toilets and a proper drainage

system.

DO choose premises capable of providing an independent and separate ventilating

system to the kitchen, toilets and seating accommodation.

DO prepare three copies of layout plans and air-conditioning/ventilation layout

plans of the proposed premises drawn to scale (of not less than 1:100) and in

metric units for submission together with your application to the appropriate

licensing office.

DO note the relevant requirements in respect of drainage, air pollution and noise

control as stipulated in the relevant ordinances.

DO appoint an authorized person or registered structural engineer where extensivealteration and additional works are to be carried out or if you are unfamiliar

with any of the foregoing requirements.

DONTs

DONT choose premises at industrial buildings.

DONT choose the upper floors of any premises which are designed for domestic use.

DONT choose premises at level four of a basement or below.

and the notes attached thereto.


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(x)

DONT choose premises in areas designated for emergency use.

DONT choose premises located vertically below, therefore posing a fire hazard to, a

registered school, child care centre or elderly home.

DONT choose premises on the upper floors of single staircase buildings.

DONT plan to use the areas where manholes or soil, waste and rain water pipes are

situated as kitchens, food preparation rooms and sculleries.

DONT start renovating or decorating your premises before your application has been

cleared by the Application Vetting Panel.

DONT revise the proposed layout plans unnecessarily after your application has beencleared by the Application Vetting Panel. Revision will cause delay in the

processing of your application.

DONT commence business before a licence is obtained from the Licensing Authority.

DONT ignore the requirements imposed by other Government departments including

the Buildings Department, the Fire Services Department, the Electrical and

Mechanical Services Department and the Environmental Protection

Department notwithstanding that a licence has been granted by the Licensing

Authority.

IMPORTANT NOTICE

It is an offence under the Prevention of Bribery Ordinance to offer

advantages to Government officers.


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1

Part I

GENERAL

Introduction

The purpose of this Guide is to provide general information to assist members of thepublic in their applications for general and light refreshment restaurant licences as well as for

provisional general and light refreshment restaurant licences under the Public Health and

Municipal Services Ordinance (Chapter 132 of the Laws of Hong Kong), Regulations 31(1)(b)

and 33C of the Food Business Regulation (both of the same Chapter 132 of the Laws of Hong

Kong) and other relevant legislation. It aims to set out the normal requirements for the issue

of such licences and should be read by those interested in establishing restaurant business in

Hong Kong. Although every attempt has been made to ensure that it is complete and up-to-

date, revision may be made from time to time. For enquiries, please contact the Licensing

Offices of the Food and Environmental Hygiene Department*.

2. Any person who intends to sell or supply liquor in connection with his restaurant

business on any premises for consumption therein in Hong Kong must obtain a liquor licence

issued by the Liquor Licensing Board before commencement of such business. Guidance

booklets on application for liquor licences are obtainable at the Licensing Offices of the Food

and Environmental Hygiene Department*.

Legislation

3. The Director of Food and Environmental Hygiene Department is the Licensing

Authority of restaurants in Hong Kong and the legislation as mentioned in paragraph 1 above

stipulates the control of such establishments. Under the legislation, a restaurant operator isrequired to obtain a restaurant licence from the Licensing Authority before operation of

business. Any person found operating an unlicensed restaurant and/or violating the relevant

provisions in the legislation will be liable to prosecution.

General Policy

4. The purpose of licensing restaurants is to safeguard public health and to ensure the

safety of patrons. The Licensing Authority will not consider an application for a restaurant

licence in respect of any premises unless such premises :-

(a) can meet stringent health requirements;

(b) have adequate ventilation;

(c) can meet structural requirements;

(d) do not have unauthorized building works affecting public safety;

(e) have adequate means of escape; and

(f) can meet fire services requirements.

__________________________________________________________________________

* The addresses and telephone numbers of the Licensing Offices of the Food and Environmental

Hygiene Department are at Appendix A.


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It is also the Licensing Authoritys established policy not to issue restaurant licences to the

upper floors of any premises which are designated for domestic use, to avoid causing

nuisances to inhabitants.

5. In deciding on the suitability of premises for use as a restaurant, the Food and

Environmental Hygiene Department consults the Buildings Department and the Fire Services

Department. If their comments are such that its policy cannot be complied with, thelicensing authority will refuse the application and inform the applicant of the refusal with

reasons. The Food and Environmental Hygiene Department will normally continue to

process an application only when the premises are deemed to be safe and suitable by the Food

and Environmental Hygiene Department, the Buildings Department and the Fire Services

Department.

Suitability of Premises

6. Not all premises are suitable for licensing as restaurants. The following

summarizes the main considerations involved :-

(a) Health (Food and Environmental Hygiene Department)

(i) Premises are laid on with mains water supply.

(ii) Premises are provided with a proper drainage system.

(iii) Premises are provided with proper flushed toilets.

(iv) No manholes should be located in the proposed kitchen, food

preparation room and scullery.

(v) Premises are capable of providing an independent and separate

ventilating system to the kitchen, toilets and seating accommodation.

(b) Building Safety Requirements (Buildings Department)

(i) A restaurant shall not be situated in premises other than those approved

for non-domestic use, unless no objection is raised by the Buildings

Department.

(ii) The Buildings Department will not recommend to the Licensing

Authority to issue a restaurant licence if unauthorized building works

which pose risks to public safety are found on the premises under

application.

(iii) The minimum designed loading of the premises shall not be less than5 Kpa (i.e. 100lbs/ft2).

(iv) Where alteration and addition works involving the structure and/or

means of escape of a building are to be carried out, formal submission

of plans for the proposed works to the Buildings Department by an

Authorized Person (AP) and/or Registered Structural Engineer (RSE)

may be required. It is strongly recommended that the advice of an AP

or RSE should be sought well in advance.

(v) Premises shall be designed and constructed of fire resisting materials

which satisfy the provisions of the Building (Construction) Regulations

and the Code of Practice for Fire Resisting Construction 1996 issued by

the Buildings Department.(vi) Every restaurant shall be provided with adequate means of escape in

accordance with Part V of the Building (Planning) Regulations and the

Code of Practice for the Provision on Means of Escape in case of Fire


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1996 (MOE Code) issued by the Buildings Department.

(vii) For premises on the ground floor having direct access to a street, there

would generally be no major problem on means of escape provision.

For premises on upper storeys and basements, at least two escape

staircases are required for the restaurant.

(viii) Restaurants are not permitted to operate on the upper floors of single-

staircase buildings.(ix) The provision of means of escape in any particular floor of a building

or in the building as a whole can only accommodate a specified

maximum number of persons at any one time. The current MOE

Code sets out such limits and relates them to the width and number of

exit routes provided for each floor and for the whole building. It

follows that if, as a result of the operation of a restaurant, the existing

population figure for a floor or for the building exceeds these limits, a

recommendation for rejection of the application will be made. In

assessing the population figures, applications in respect of premises

located within the same building will be treated on a first-come-first-

served basis.

(c) Fire safety (Fire Services Department)

The following premises are considered not suitable to be licensed as

restaurants :-

(i) Any industrial buildings;

(ii) Any buildings or structures which are of substandard construction;

(iii) Premises at level four of a basement or below;

(iv) Premises in areas designated for emergency use, such as the bufferfloor (also referred to as the refuge floor); and

(v) Premises located vertically below, therefore posing a fire hazard to, a

registered school, child care centre or elderly home. (However,

consideration would be given to those where such fire hazard can be

mitigated.)

Differences between General and Light Refreshment Restaurant Licences

7. The differences between the General and Light Refreshment Restaurant Licences

are as follows :-

(a) General Restaurant Licence

This licence permits the licensee to prepare and sell any kind of food for

consumption on the premises.

(b) Light Refreshment Restaurant Licence

This licence restricts the licensee to prepare and sell for consumption on the

premises any one group of the food items shown in Appendix B.

As light refreshment restaurant licences are intended for the preparation of a limited range offood items, the requirements for this type of restaurants in the context of the minimum area

for food room (i.e., kitchen, food preparation room and scullery) are less stringent than those

for general restaurants. Details of the minimum area requirements for food room are set out

See

Appendix B


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in paragraph 12. Failure to apply for the correct type of restaurant licences may result in

delay in or rejection of the licence application.

Pre-requisites for Issue of a Restaurant Licence

8. Under the Food Business Regulation, the licensing authority will not issue a

restaurant licence until the following pre-requisites are fulfilled :-

(a) compliance with licensing requirements in respect of health, ventilation, gas safety,

building structure and means of escape imposed by Licensing Authority; and

(b) compliance with fire services requirements imposed by the Director of Fire

Services.


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Part II

HOW TO APPLY FOR A RESTAURANT LICENCE

Application Form and Proposed Layout Plans

9. Application for a restaurant licence may be made in the name of a person or a

corporation and submitted either on a standard form*, or by letter in which case it must

contain the particulars included in the standard form, to the relevant Food and Environmental

Hygiene Department Licensing Office. Standard application forms are obtainable at all the

Food and Environmental Hygiene Department Licensing Offices and District Offices

(Environmental Hygiene) or can be downloaded from the website of the Food and

Environmental Hygiene Department at http://www.fehd.gov.hk/english/forms/licence.html.

The application form must be submitted together with three copies of the proposed layout

plans of the restaurant. Such plans must be drawn to scale (of not less than 1:100), in metric

units and signed by the applicant on all copies to certify that they are correct. Should the

respective Food and Environmental Hygiene Department Licensing Office find the plansincomplete and unacceptable, the applicant will be advised to re-submit revised plans.

What to Be Shown in the Proposed Layout Plans

10. The proposed layout plans should contain the following particulars :-

(a) space allocated to the cooking, preparation and handling of food;

(b) space allocated to the storage of any kind of exposed food;

(c) space allocated to the serving of meals to customers;

(d) space allocated to the cleansing, sterilizing, drying and storage of utensils;(e) sanitary fitments and drainage works;

(f) cloak rooms, passageways and open spaces;

(g) all means of exit, entry and internal circulation;

(h) all windows, ducts providing ventilation and means of mechanical ventilation;

(i) the siting of all furniture and equipment of a substantial and permanent nature,

including food manufacturing and preparation plant, cooking ranges, sterilizers,

dish-washing machines, refrigeration and cooling equipment, fixed sideboards,

washbasins and sinks, drying racks and water tanks;

(j) means of refuse storage and disposal;

(k) the type of fuel to be annotated. If liquid fuel is used, the location of the fueltank and its capacity should be indicated on the layout plan;

(l) the extent of raised floor should be indicated; and

See

Appendix D

(m) fire services details in paragraph 56.

Samples of proposed layout plans (both Chinese and western restaurants) are at

Appendix D for general reference.

____________________________________________________________________

* A copy of the application form is at Appendix C.

The addresses and telephone numbers of the Licensing Offices are at Appendix A.- 5 -


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How to Prepare the Proposed and Revised Layout Plans

11. Paragraphs 12 to 21 hereunder give some general guidance on how to prepare the

proposed layout plans. The licensing authority may consider exemptions for genuine cases

on individual merits. Whenever there are changes to the submitted plans for the application,

the applicant is required to highlight any proposed changes on the revised plans with colour

pens and simple descriptions before making submission to this department for consideration

and referral to other departments for processing. Revised plans not in compliance with thisrequirement will be rejected.

Minimum Area for Food Room

12. In preparing the proposed layout plans, the first thing to be considered is the size

of the food room(s) (i.e., kitchen, food preparation room and scullery accommodation).

According to the Fifth Schedule to the Food Business Regulation, every general or light

refreshment restaurant is required to be provided with a food room, the area of which is as

follows :-

(a) General Restaurants

Gross floor area

of the premises in

m2

Minimum kitchen area in m2 Minimum aggregate area of

kitchen, food preparation room

and scullery accommodation in m2

100 or less 6 30% of gross floor area, but not

less than 9m2

101-150 10 25% of gross floor area, but not

less than 27m2

151-250 10 23% of gross floor area, but not

less than 36m2

251 or above 14 21% of gross floor area, but not

less than 54m2

(b) Light Refreshment Restaurants

Gross floor area of the

premises in m2 22 or less

Minimum aggregate area of kitchen, food preparation

room and scullery accommodation in m2Not less than

5m2

23-35 20% of gross floor area or 7m2 , whichever is the less

36-5518% of gross floor area or 8m2 , whichever is the less



186 or above 9% of gross floor area or 28m2 , whichever is the more


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The gross floor area is the covered area used exclusively for the business of the restaurant

including store-rooms, cold storage chambers, staff changing rooms, offices, air-conditioning

plant rooms, lavatories, lift lobbies, stair halls. It should be measured to inside of boundary

walls including columns, if any, within the area to be licensed and does not include any yard

or open space. (In the calculation of food room(s) and seating areas, only nett usable floor

space (measured to internal walls) and space having 1.8m high or more headroom will be

taken into consideration; however, columns, if any, will be excluded.)

Location of Food Room

13. In designing the food room(s), care should be taken to avoid placing them at

locations where there are manholes or foul-waste/sanitary fitments (water closets, urinals and

toilets.). Resiting of the manholes and/or drainage alterations may require the approval of

the Buildings Department. Furthermore, the food room(s) should not be so designed as to

result in :-

(a) the conveyance of food or clean eating utensils from the food room(s) to the

customers seating area through an open space or open yard; or

(b) customers having to pass through the food room(s) when going to toilets.

Failure to meet these requirements may constitute an objection to the proposed layout of the

restaurant on health grounds.

Seating Area and Number of Customers

14. After the size of the food room(s) has been decided, the seating area for customers

can be marked out on the plans. The seating area should normally include passages. Forthe purpose of calculating the number of sanitary fitments required (paragraph 15) and the

volume of outside air required on the premises per hour if a ventilating system is to be

installed (paragraph 25), the number of customers to be accommodated is calculated at 1.5m2

per person of the seating area provided.

Sanitary Fitments

15. The number of sanitary fitments required in both general and light refreshment

restaurants is the same, and varies with the number of customers and staff to be

accommodated. The requirements are as follows (where WC denotes water closet; WHBdenotes wash-hand basin and U denotes urinal) :-

(a) Less than 25 customers )

1 WC and 1 WHB For both sexes )

1 U For males )

(WCs and Us should be

provided in separate rooms with

separate entrances.)

) Provision of

) sanitary

) fitments for

) staff is exempted.

(b) Between 25 and 100 customers )

1 WC, 1 WHB and 1 U For males )1 WC and 1 WHB For females )


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(c) Between 101 and 200 customers

)

1 WC, 1 WHB and 2Us For males )

2 WCs and 1 WHB For females ) Provision of

) sanitary

(d) Between 201 and 300 ) fitments for 2 WCs, 2 WHBs and 3 Us For males ) staff is exempted.

3 WCs and 2 WHBs For females )

(e) Over 300 customers

Provision of sanitary fitments for customers and staff should conform to the

requirements in regulations 5 and 8 of the Building (Standards of Sanitary

Fitments, Plumbing, Drainage Works and Latrines) Regulations, Cap. 123.

16. The internal dimensions of each toilet compartment should not be less than 700 mm

x 1,200 mm. If a trough urinal is installed, 500 mm of trough length is deemed equivalent to

one stall urinal. Each urinal should have a user standing space of not less than 500 mm x

500 mm in front of it. In case where a urinal compartment is provided, the minimum

internal dimension of the compartment should not be less than 1000 mm (depth) and 500 mm

(width). If the proposed restaurant is situated in a commercial building and sanitary fitments

are not provided within the premises, communal toilets in the building allotted for the

exclusive use of customers and staff of the restaurant may also be accepted for consideration

in the application for a restaurant licence. In this regard, labels should be affixed to the

appropriate sanitary fitments to indicate the specific use of the toilets by the restaurant staff

and patrons and the labels should be placed in a visible position. Furthermore, a certified

toilet block plan and toilet allocation certificate (or remote toilet letter) in connection with the

application with the use of the allocated toilets should be furnished to the Licensing Authority.

Choice of Fuel

17. The use of fuel is subject to control by the Fire Services Department and the

Electrical and Mechanical Services Department. Applicants are advised to read paragraphs

61 and 62 in Part VI and paragraphs 76 to 81 in Part VII before deciding on the type of fuel to

be used. From air pollution point of view, gaseous fuel should be used. Liquid and solid

fuels are not recommended due to the associated dark smoke and other air pollution problem.

The use of fuel has an important bearing on the design of the layout of a restaurant.Generally, for service bars (soda fountains and bar counters) which are not enclosed with

walls having a fire resisting period of not less than one hour, electricity, town gas and piped

liquefied petroleum gas are normally allowed. For kitchens which are enclosed with the

aforesaid walls and provided with fire resistant doors, any kind of fuel may be used subject to

compliance with Fire Services requirements as well as those requirements stipulated by the

Director of Electrical and Mechanical Services in respect of electricity, town gas and liquefied

petroleum gas. Furthermore, the applicant is required to obtain prior approval from the

Environmental Protection Department if there is any installation or alteration of restaurant

stoves or its chimney/exhaust inside premises with the total fuel consumption capacity,

including that of the proposed work, exceeding:

(a) 25 litres of conventional liquid fuel per hour; or

(b) 35 kilograms of conventional solid fuel per hour; or(c) 1,150 megajoules of any gaseous fuel per hour.


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The application for prior approval should be submitted to the one-stop shop

offices of the Environmental Protection Department* not less than 28 days prior to the

commencement of such work.

18. The Licensing Authoritys requirements in respect of fuel is that if the

applicant proposes to use diesel oil or solid fuel, an independent chimney above theroof level will have to be provided. The construction of the chimney should meet the

requirements of both the Buildings Department and the Environmental Protection

Department. The position of the chimney should be indicated on the proposed layout

plans.

Ablution and Scullery Facilities

19. Food handlers should always keep their hands clean. For every single food

room (i.e., kitchen, food preparation room and/or scullery), there must be at least one

wash-hand basin and one wash up sink for use by staff. For a large food room which

accommodates a large number of staff, the standard of provision of wash-hand basinsis one basin for every 20 staff. The length of such basin and sink should not be less

than 350mm and 450mm respectively measured from the top inner edges of the rims.

It is an offence against the Food Business Regulation to wash eating utensils or food

equipment in open spaces. Applicants are strongly advised to provide adequate space

and sinks for the washing and cleaning of eating utensils according to their

operational needs.

Utensil Sterilization

20. Used eating utensils must be washed and sterilized before re-use. Failure

to observe this rule is in breach of the Food Business Regulation. On the proposed

layout plans, the position of the sterilizer for eating utensils must be indicated. The

alternative use of an approved type of bactericidal agent for sterilizing eating utensils

instead of boiling is permitted. Approved dish washing machines having a

sterilization function may be used in lieu of a conventional sterilizer. Lists of such

approved types of bactericidal agents and dish washing machines may be obtained

from the Food and Environmental Hygiene Department Licensing Offices.

Staff Changing Rooms/Lockers

21. It is an offence against the Food Business Regulation to place personaleffects or garments in any food room(s) as they will contaminate food. For restaurants

having a large number of staff, provision of a changing room for them is advisable.

For smaller restaurants, there should be adequate lockers for storage of employees

personal effects. The lockers should not be located in the food room(s) and their exact

positions should be indicated on the proposed layout plans. Access to the changing

rooms and lockers should not be through the food room(s).

* The addresses and telephone numbers of these offices are at Appendix E.


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(f) the nett area of exhaust in square metres except where the premises are air-

conditioned with positive pressure; and

(g) the type of refrigerant to be used*.

The proposed layout plans of the ventilating system must be drawn to scale (of not less than

1:100), in metric units and the applicant must sign on each copy to certify that it is correct. Ifthe proposed restaurant is in a shopping arcade, the applicant needs to provide three copies of

the ventilating system block plan.

Window Type Air-conditioners

27. For small restaurants which use only window type air-conditioners and

propulsion/extraction fans, the applicant may himself prepare such simple ventilation plans

showing the locations of the installations and submit them in triplicate together with the

licence application to the respective Licensing Office of the Food and Environmental

Hygiene Department. The manufacturers catalogues of the air-conditioners and

propulsion/extraction fans must also be submitted to enable the licensing inspector to obtain

the technical data of these appliances for the processing of the application. In the event that

the catalogues do not provide the necessary data, the applicant may be required to obtain

certification of the required data from the manufacturer or supplier of the appliances.

Criteria for Approval

28. Upon receipt of an application for approval of a proposed ventilating system, the

relevant Food and Environmental Hygiene Department Licensing Office will forward the

application and a copy of the ventilation plans to the Fire Protection (Fire Safety) Command

(Ventilation Division) of the Fire Services Department for action. Where structural safetyrelated to the ventilating system is involved, a copy of the plans will also be forwarded to the

Buildings Department. If there is no objection on health grounds, the Food and

Environmental Hygiene Department will issue a letter of ventilation requirements (Appendix

F) together with the fire safety requirements on mechanical ventilating systems of the Fire

Services Department to the applicant. Paragraphs 63 to 65 in Part VI describe how the Fire

Protection (Fire Safety) Command (Ventilation Division) will process the application.

Subject to compliance with the requirements imposed by the Food and Environmental

Hygiene Department and the issue of a Letter of Compliance (Ventilating System) by the Fire

Services Department, approval for the ventilating system may then be granted. Late

submission of ventilation plans may cause delay in issue of licence. Applicants are advisedto submit applications as early as possible.

___________________________________________________________________________

* Please seek expert advice on the type of refrigerant permitted for various installations.

See

Appendix F


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Part IV

THE ROLE OF THE


Procedures of Processing Application for General/Light Refreshment Restaurant

Licences

See

Appendix G29. The flow chart at Appendix G shows the procedures of processing an application for

General/Light Refreshment Restaurant Licences and the contents of this part and Parts V to VII

are to describe the procedures in detail.

Submission of Application

30. Applicants should send the completed application form* or letter together with the

proposed layout plans as detailed in Part II in triplicate to the relevant Food and Environmental

Hygiene Department Licensing Office.

31. Upon receipt of the application, the Food and Environmental Hygiene Department

will send a copy of each of the completed application form to the Buildings Department and

the Fire Services Department for comment.

Preliminary Screening of Layout Plans

32. The Case Manager of the appropriate Licensing Office of the Food andEnvironmental Hygiene Department will conduct a preliminary screening of plans to ensure

that the application and layout plans conform to the requirements before it is processed further.

33. The applicant will be informed of whether his proposal has met the requirements.

He will also be given advice as to how any shortcomings can be overcome. If the application

is not accepted, the unacceptable proposed plans will be returned to the applicant within 10

working days.

Separate Site Inspection

34. A copy of the proposed layout plan will be referred by the Food and Environmental

Hygiene Department to both the Buildings Department and the Fire Services Department for

comments. The officers of the three departments concerned will conduct separate site

inspections to the premises with the applicant and/or his representatives. Site inspections will

allow the departments concerned to come to an initial view as to whether or not the premises

are suitable for the operation of a restaurant and to give general advice within their respective

ambits.

*A copy of the application form is at Appendix C

The address and telephone numbers of the Food and Environmental Hygiene Department Licensing Offices are at

Appendix A

12


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Application Vetting Panel

35. After the separate site inspections, an Application Vetting Panel meeting will be

arranged, normally within twenty working days after the acceptance of the application, in

which the applicant (and his authorized person/registered structural engineer if appointed) can

discuss his application with officers of all the three departments concerned. Problem areas,remedial works and the applicants proposed construction/decoration programmes will be

discussed. In the event that there are, for whatever reasons, impediments to licensing, he will

be so informed and if remedies are feasible, advice will be given.

Issue of Letter of Requirements

36. After full clearance from the departments concerned at the Application Vetting Panel

meeting, the Food and Environmental Hygiene Department will issue a letter of requirements

to the applicant listing the licensing requirements (Appendices F and I/J as appropriate). Fire

safety requirements will be issued by the Fire Services Department separately. The applicant

is advised to report to the respective Licensing Office of the Food and Environmental Hygiene

Department for verification as soon as he has complied with all the requirements.

See

Appendices

F,I & J

Refusal

37. In the event that the premises are deemed to have serious impediments and remedies

are considered not feasible by the Application Vetting Panel, the Licensing Authority may

consider refusing the application.

Report of Compliance

38. The applicant should expedite action to comply with the licensing requirements and

to report compliance as soon as possible to the respective Food and Environmental Hygiene

Department Licensing Office for verification. If no report of compliance is received, the Case

Manager will only inspect the premises at three months intervals to check progress of

compliance. If evidence suggests that the applicant takes no effort to comply with the

licensing requirements within six months, the Licensing Authority may consider revoking the

application.

39. After receipt of the applicants letter reporting compliance, the Case Manager will

make an appointment with the applicant to inspect the premises and check the licensing

requirements. If there are still outstanding licensing requirements, these will be pointed out to

the applicant during the inspection, and thereafter, the applicant will be advised in writing that

he has to report compliance after he has complied with the outstanding requirements, so that

another verification inspection can be arranged.

13


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14

Final Verification Inspection

40. When full compliance with the licensing requirements is confirmed by the Senior

Health Inspector (Restaurant Licensing), a Chief Health Inspector (Restaurant Licensing) will

conduct the final verification inspection (normally within ten working days after report of

compliance by the applicant) in the presence of the applicant.

Notification of Result to Applicant

41. After the final verification inspection, the Assistant Secretary (Restaurant Licensing)

will inform the applicant in writing of full compliance with the licensing requirements and of

the arrangements regarding the payment of prescribed fee* and collection of the licence.

__________________________________________________________________________

* A list of the prescribed fees in respect of restaurant licences is available at the Food andEnvironmental Hygiene Department Licensing Offices the addresses and telephone numbers of

which are at Appendix A.


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Part V

THE ROLE OF THE BUILDINGS DEPARTMENT

The Role of the Director of Buildings

42. The Director of Buildings offers advice on applications for restaurant licences to theFood and Environmental Hygiene Department in regard to the suitability of premises in the

following areas:

(a) Structural safety;

(b) Fire resisting construction;

(c) Means of escape; and

(d) Unauthorized building works affecting public safety.

43. General Requirements:

(a) Each case shall be considered on its merits after full consideration of the

circumstances. Nothing contained herein shall be taken as in any way

derogating from the powers of the Director of Buildings under the

Buildings Ordinance, Cap. 123 and its subsidiary regulations.

(b) As the subject matters are often related to complicated technical issues

which may be difficult to overcome, the applicant is strongly advised to

enlist the service of an Authorized Person (AP) (architect, engineer or

surveyor) at the early stage to avoid unnecessary waste of time and efforts

resulting from unsuccessful applications.

(c) Where alteration and addition works involving the structure and/or means

of escape of a building are to be carried out, formal submission of plans

for the proposed works to the Buildings Department by an AP and/or

Registered Structural Engineer (RSE) may be required. It is strongly

recommended that the advice of an AP or RSE should be sought well in

advance. A Directory of AP and RSE registered under the Buildings

Ordinance are available in the Buildings Department for viewing.


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Structural Safety

44. The main issues to be considered on structural safety are:

(a) The minimum designed loading of the premises shall not be lessthan5 Kpa (i.e. 100lbs/ft2).

(b) In cases where there are non-structural screeding on slabs to raisefloors levels, heavy kitchen equipment/plant, fish tanks or

brick/partition walls, justification of the adequacy of the existing

floor to cater for such superimposed loads will have to be

submitted by an AP/RSE. In this connection, the size of the cold

storage room/walk-in-freezer should be commensurate with the

food premises with reasonable internal circulation area. The size

and clear height of the cold storage room/walk-in-freezer and

storage racks and the layout of the racks should be indicated on the

plan. The supporting structural calculations should be based on

5Kpa for each metre of storage height and 2Kpa for internal

circulation area and taken into account the weight of the storage

racks, evaporators and enclosures (including any superimposed

load on the top).

(c) No part of a restaurant shall be located in, under or over anystructures built without the approval and consent of the Buildings

Department.

(d) A restaurant shall not be situated in premises other than thoseapproved for non-domestic use, unless no objection is raised by the

Buildings Department.


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Fire Resisting Construction

45. Premises shall be designed and constructed of fire resisting materials which satisfy

the provisions of the Building (Construction) Regulations and the Code of Practice for Fire

Resisting Construction 1996 issued by the Buildings Department. General requirements onfire resisting construction include:

(a) Restaurant premises shall be separated from the adjoining occupancy by

walls and floors having a fire resistance period (FRP) of not less than 1

hour. For a restaurant situated in a shopping arcade, such separation is

normally not required between the restaurant and the arcade.

(b) Hot-pot restaurants shall be separated from adjoining premises by walls

and floors having an FRP of not less than 1 hour and any door openings

on such walls should be provided with self-closing doors of not less than

hour FRP. A protected lobby should be provided between each door

of the restaurant and any escape route of the building.

(c) The kitchen of a restaurant should be enclosed by walls and floors having

an FRP of not less than 1 hour and any opening in the enclosure should be

defended by a door having an FRP of not less than hour. A protected

lobby should be provided between each door of the kitchen and

- any escape route from the main building; and/or

- the dining area of the restaurant where the kitchen has a usable floor

area exceeding 45m2 and the door opens onto an exit route of thedining area.

(d) Food hatch formed on the enclosure wall of the kitchen shall be protected

by fire shutter having an FRP of not less than hour.

(e) Openings for passage of air-conditioning ducts through fire resisting

walls such as kitchen wall should be properly protected by fire dampers in

order to maintain the FRP of that wall.

(f) In cases where new fire resisting walls and doors are involved, a dulycompleted Form (Appendix A to the Practice Note for Authorized

Persons and Registered Structural Engineers No. 53) from an AP/RSE

shall be submitted to substantiate the FRP of the fire resisting

components.

Means of Escape

46. Every restaurant shall be provided with adequate means of escape in accordancewith Part V of the Building (Planning) Regulations and the Code of Practice for the Provision

on Means of Escape in case of Fire 1996 (MOE Code) issued by the Buildings Department.

47. The provision of means of escape in any particular floor of a building or in the


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17

building as a whole can only accommodate a specified maximum number of persons at any

one time. The current MOE Code sets out such limits and relates them to the width and

number of exit routes provided for each floor and for the whole building. It follows that if,

as a result of the operation of restaurant, the existing population figure for a floor or for the

building exceeds these limits, a recommendation for rejection of the application will be made.

In assessing the population figures, applications in respect of premises located within the

same building will be treated on a first-come-first-served basis. The general requirementsare listed below:

(a) For premises on the ground floor having direct access to a street, there

would generally be no major problem on means of escape provision.

For premises on upper storeys and basements, at least two escape

staircases are required for the restaurant. Restaurants are not permitted

to operate on the upper floors of single-staircase buildings.

(b) Any room with a capacity exceeding 30 persons shall be provided with at

least 2 exits. The exit doors shall open in the direction of exit and shall

not obstruct any part of the exit route by the swing of the doors.

(c) Normally, the minimum width of an exit route shall be not less than

1050mm and greater width would be required depending on the total

capacity of the restaurant. The exit doors shall have a minimum width

of not less than 750mm for capacity of 30 persons or less; and 850mm for

capacity between 31-200 persons with a total width of 1750mm.

Reference should be made to MOE Code for the detailed requirements.

(d) All required exit routes shall lead directly to a street and the staircase

enclosure at G/F shall be so continued at G/F as to separate from theremainder of the building. All exit routes shall have a clear height of

not less than 2m and be kept free from obstruction. Every part of each

exit route shall be provided with adequate artificial lighting and backed

up by an emergency lighting system providing a horizontal illuminance at

floor level of not less than 2 lux. The design of the emergency lighting

system shall comply with the Code of Practice for Minimum Fire Service

Installations and Equipment.

(e) All exit doors shall be capable of being readily opened from the inside

without the use of a key. Auto sliding doors shall remain in an openposition during power failure.

(f) Security shutters across exits must be kept open during business hours.

(g) A solid separation of 450mm should be provided between the shopfront

of a restaurant and the final discharge point of an exit staircase of a

building.

(h) Where the direction of travel from an exit door of a room to a staircase is

possible in one direction only (i.e. dead-end), the distance from any part

of a room to an exit or a point, from which travel in different directions to2 or more exits are available, shall not exceed 18m. In other cases

where alternative exit routes are available in more than one direction, it

may vary from 30m to 45m, depending on the fire resisting construction


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18

of the exit routes.

(i) For the purpose of determining the adequacy of means of escape, actual

counting of the population may be acceptable. In normal circumstances,

the population of the premises is assessed as follows:

Use Factor used in determining the population

Seating Area 1 m2/person

Food Room Area 4.5 m2/person

Dancing Area 0.75 m2/person

Unauthorized Building Works Affecting Public Safety

48. The existence of unauthorized building works on or affecting premises underapplication for restaurant licences may pose a risk to the safety of the restaurant employees

and patrons. The Buildings Department will not recommend to the Licensing Authority to

issue a restaurant licence if unauthorized building works, particularly unauthorized cockloft,

slabbing-over of original staircase opening and cockloft void, which pose risks to public

safety are found on the premises under application. Applicants are therefore advised to

exercise extreme care in selecting premises for restaurant use, as the presence of unauthorized

building works may render the premises unsuitable for restaurant licensing. If the premises

selected for restaurant use contains unauthorized building works, the applicant is strongly

advised to effect removal of such works before submitting an application for licence.

49. (a) A list of unauthorized building works affecting public safety is provided forthe reference of applicants at Appendix K.

(b) The erection of advertising signs should be in accordance with the "Guide on

Erection and Maintenance of Advertising Signs" issued by the Buildings

Department. In general, advertising signs projecting over a pavement should

have a minimum vertical clearance of 3.5m and a minimum horizontal

clearance of 1.0m from the curb of such pavement. Advertising signs

projecting over a carriageway should have a minimum vertical clearance of

5.8m. Copies of the Guide can be obtained from the Buildings Department

for reference.

50. The applicants attention is drawn to the Disability Discrimination Ordinance in

regard to the provision of access and facilities for persons with a disability. Unauthorized

removal or alteration of existing approved access and facilities (e.g. ramps, toilets, etc.) for

persons with a disability may be subject to enforcement and prosecution actions under the

Buildings Ordinance.

Application Processing

51.

Through arrangements by the respective Food and Environmental HygieneDepartment Licensing Office, an officer from the Buildings Department will take part in :-

(a) the joint site inspection to check that the submitted plans conform to the actual

SeeAppendix K


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premises, to determine the suitability of the premises and the scope of any

proposed or required alterations; and

(b) the Application Vetting Panel meeting to discuss the application with other

departments concerned and the applicant.

52. In all cases, the applicant will be handed a copy of the Buildings Departmentsrequirements for compliance at the Application Vetting Panel meeting. If there are serious

or major impediments to licensing, the applicant will also be informed at the meeting with

advice on any remedies.

3-tier System for Verification of Compliance with Building Safety Requirements

53. With effect from 1 August 1996, in order to streamline and simplify the processing

of verification of compliance with building safety requirements for restaurant licensing, the

Buildings Department has adopted a 3-tier system for verification of compliance with building

safety requirements, under which building requirements are graded into Categories 1, 2 and 3

as follows:

(a) Category 1

The applicant is required to certify compliance direct to the respective Food and

Environmental Hygiene Department Licensing Office in respect of requirements

relating to matters of fact e.g. exit doors opening in direction of exit, removal of

movable obstructions from exit routes and extent of licensed area.

(b) Category 2

The AP/RSE is required to certify compliance direct to the respective Food and

Environmental Hygiene Department Licensing Office in respect of requirements

involving a professional appraisal relative to well-established standards, e.g.

improvement of means of escape to stipulated standards, structural justification for

additional loading, separation between different uses and removal of unauthorized

building works.

(c) Category 3

The AP/RSE is required to verify compliance to the Buildings Department in casesinvolving more serious concerns about building safety e.g. approval of plans for

extensive alteration and addition works prior to licensing, adequacy of means of

escape from a restaurant with interface with other parts of a building and assessment

of the structural stability of a restaurant premises vis-a-vis the entire building.

A list showing the categorisation of typical building safety issues is at Appendix L. Under

this 3-tier system, the respective Food and Environmental Hygiene Department Licensing

Office will inform the applicant of the arrangements for reporting compliance with Categories

1 and 2 requirements along with the issue of the letter of requirements (paragraph 36 of Part

IV refers). However, if there are Category 3 requirements, the applicants AP/RSE is

required to report compliance with the Category 3 requirements to the Buildings Departmentthrough the Food and Environmental Hygiene Department. The respective Food and

Environmental Hygiene Department Licensing Office will not issue any letter of requirements

until after the Buildings Department has confirmed that the applicant has fully complied with

See

Appendix L


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20

all the Category 3 requirements.

REQUESTS FOR VIEWING

APPROVED PLANS & DOCUMENTS

Requests for viewing approved plans and documents can be made in a standard

application form available in Buildings Department and prior appointment for viewing is

necessary so as to allow for the records to be retrieved. For enquiries, please contact the Plan

Retrieval Unit of Buildings Department. (Tel. No.: 2626 1207).

ENQUIRIES

For enquiries, please contact the Licensing Unit, Buildings Department, 16/F.,

Pioneer Centre, 750 Nathan Road, Kowloon (tel. No.: 2626 1257, fax no.: 2523 1872).


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Part VI

THE ROLE OF THE FIRE SERVICES DEPARTMENT

The Role of the Director of Fire Services

54. The Licensing Authority will not issue any licence until after the applicant hascomplied with, among others, all requirements imposed by the Director of Fire Services.

The proof of compliance is a Fire Services Certificate and a Letter of Compliance (Ventilating

System) issued by the Fire Services Department and such certificate and letter are the pre-

requisites for the issue of a restaurant licence. Part VI describes the procedures of processing

an application for a Fire Services Certificate and Letter of Compliance (Ventilating System)

by the Fire Services Department and further enquiries in this respect can be made by

telephone or in writing to any of the Fire Protection Regional Offices and the Ventilation

Division of the Fire Services Department listed at Appendix M.

How to Obtain a Fire Services Certificate

55. The applicant does not need to apply directly to the Fire Services Department for a

Fire Services Certificate in respect of premises under application for a restaurant licence.

The Fire Services Department will, upon receiving the referral of the application for a

restaurant licence from the respective Licensing Office of the Food and Environmental

Hygiene Department, process it as an application for a Fire Services Certificate. The Fire

Services Department will directly communicate with the applicant with copies of the

correspondence to keep the Food and Environmental Hygiene Department Licensing Office

informed.

The Procedures

56. There are fire safety standard requirements published by the Fire Services

Department for the reference of applicants for restaurant licences. These requirements are

set out in Forms PPA/101(A), PPA/101(D), PPA/101(F), PPA/101(G), PPA/101(H),

PPA/101(I), PPA/101(J), PPA/101(L) and PPA/104A together with PPA/102 and PPA/117 in

respect of the requirements on fuel prepared by the Fire Services Department, which also

provide basic information about the planning of fire safety of a restaurant. The ventilating

system fire safety requirements are published in Part XI of F.S.D. Circular Letter No. 4/96.

Through the arrangements by the respective Food and Environmental Hygiene Department

Licensing Office, officers from one of the Fire Protection Regional Offices and VentilationDivision will take part in the Joint Site Inspection and the Application Vetting Panel meeting

to confirm the suitability of the premises as a restaurant. If the premises is considered

suitable for the purpose of restaurant business, the ventilating system fire safety requirements

would be issued together with the Letter of Requirements by the respective Licensing Office

of Food and Environmental Hygiene Department. Officer from the Fire Protection Regional

Office will vet the layout plan submitted by the applicant which should be drawn to scale or

with dimensions and with the following details: -

(a) The location of each and every stove;

(b) The layout of the kitchen (for general restaurant application) with fireseparation;

(c) The layout of the front food room/soda fountain;

See

Appendix M


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(d) The layout of the seating accommodation;

(e) The location of kerosene tank or diesel tank, if any;

(f) The layout of every partition in the seating accommodation, whether

fixed or floating;

(g) The location of all designed windows and the portions of the designed

windows which would be sealed up by decoration;

(h) Any stage or dance hall in the seating accommodation;

(i) Any Karaoke cubicles;

(j) The location of all existing Fire Service Installations in the existing

premises;

(k) The type of fuel to be used.

The applicant will be informed of the inspection result by the respective Fire Protection

Regional Office in the following manner as appropriate :-

(a) Where the premises are found unsuitable, a letter of objection will be

issued together with the reasons; or

(b) Where the premises are found suitable, a letter enclosing the relevant FireServices requirements for compliance will be issued.

Fire Services Requirements

57. Fire Services requirements are measures to protect the safety of public and the

premises against fire, limit its spread and at the same time give warning to the occupants of

the premises. Applicants will be required to obtain the following certificates or licence/letter

of approval :-

(a) a Certificate of Fire Service Installations and Equipment (FS 251) and a

Certificate of Compliance (FSI/314A) issued by a registered fire serviceinstallation contractor;

(b) a Dangerous Goods Licence or Letter of Approval in respect of the

storage and use of dangerous goods issued by the Fire Services

Department;

(c) a Letter of Compliance (Ventilating System) issued by the Fire Protection

(Fire Safety) Command (Ventilation Division); and

(d) a test report or a Catalogue of Emergency Lighting Unit.

Samples of the Certificate of Fire Service Installations and Equipment (FS 251) and

Certificate of Compliance (FSI/314A), Dangerous Goods Licence as well as Letter of


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Compliance (Ventilating System) are at Appendix N for reference and the following

paragraphs describe in detail the purpose of each of these certificates and licence/letter of

approval.

Certificate of Fire Service Installations and Equipment (FS 251) and Certificate of

Compliance (FSI/314A)

58. These certificates are issued by a registered fire service installation contractor.

The purpose of these certificates is to ensure that the fire service installations provided to

protect the building are still in efficient working order after decoration of the premises.

59. The applicant should appoint a registered fire service installation contractor to

inspect and certify the installation and to repair any defects that may have been caused by

alterations and additions to the premises. Upon completion of the work, a copy of the

Certificate should be submitted to the Director of Fire Services. The details of all registered

fire service installation contractors are available for inspection at the Fire Protection Regional

Offices* and all fire stations.

Dangerous Goods Licence/Letter of Approval

60. The Dangerous Goods Licence/Letter of Approval is issued by the Fire Services

Department. The purpose of this licence/letter of approval is to ensure that dangerous goods

stored or used in the premises do not constitute risks to the restaurant. The type of

licence/letter of approval required by the Fire Services Department depends on the fuel to be

used which in turn may restrict :-

(a) the location of the food premises;

(b) the quantity of fuel that may be permitted; and(c) the design of the kitchen.

Paragraphs 61 and 62 hereunder list the restrictions to be imposed on the use of liquid fuel

and solid fuel respectively and paragraphs 76 to 81 in Part VII list the restrictions to be

imposed on the use of electricity, town gas and liquefied petroleum gas as fuel.

Liquid Fuel

61. Liquid fuel is not recommended to be used in food business because it can easily

cause dark smoke emission. From the fire safety point of view, only two types of liquid fuel

are permitted. These are :-

(a) Diesel, which may be stored subject to approval/licensing as follows :-

(i) for quantity not exceeding 2,500 litres in service tanks, it should be

approved by the Director of Fire Services under regulation 99A(1)

of the Dangerous Goods (General) Regulations; and

(ii) for quantity exceeding 2,500 litres in underground tanks, it requires

a Dangerous Goods Licence issued by the Fire Services Department

under the Dangerous Goods Ordinance.

The applicant is also advised to read paragraph 18 in Part II for the requirements of

the Food and Environmental Hygiene Department.

* The addresses and telephone numbers of these offices are at Appendix M.

ee

Appendix N


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(b) Kerosene, the capacity of the storage/use of which shall not exceed 20

litres and a separate licensable dangerous goods store shall be provided

for any additional storage/use in excess of the quantity under Section 6 of

the Dangerous Goods Ordinance, Cap. 295.

Solid Fuel

62. Fire separation between the kitchen and other parts of the premises is required.

The applicant is also advised to read paragraph 17 in Part II for the requirements of the Food

and Environmental Hygiene Department.

Letter of Compliance (Ventilating System)

63. The Letter of Compliance (Ventilating System) is issued by the Fire Protection (Fire

Safety) Command (Ventilation Division) of the Fire Services Department. The purpose of

this letter is to ensure that the ventilating system installed in a restaurant has been inspected

and that it has complied with the Ventilation of Scheduled Premises Regulation and fire safety

requirements on the mechanical ventilating system issued by the Fire Services Department.

64. The applicant is required to have their ventilation/air-conditioning layout plans

approved by appropriate Food and Environmental Hygiene Department Licensing Office, then

he should report completion to Ventilation Division of Fire Services Department. The Fire

Services Department will process the application when it receives the approved ventilation

layout plans from the respective Food and Environmental Hygiene Department Licensing

Office. Upon receiving the report of completion on ventilating system from the applicant, an

officer of the Fire Protection (Fire Safety) Command (Ventilation Division) will inspect the

premises. He will issue a Letter of Compliance (Ventilating System) direct to the applicant

and copy to the respective Licensing Office of Food and Environmental Hygiene Departmentif he is satisfied that the ventilating system complies with the Ventilation of Scheduled

Premises Regulation.

65. For ventilating system found not complying with fire safety requirements, the Fire

Protection (Fire Safety) Command (Ventilation Division) will advise the applicant or his

appointed representative in writing of any remedial works required at the time of inspection.

A formal list of non-compliance works would be formulated and issued to the applicant

through the respective Licensing Office of Food and Environmental Hygiene Department.

The applicant is required to report of compliance to the Fire Protection (Fire Safety)

Command (Ventilation Division) after the remedial work has been completed. Failure tofollow this advice will delay the issue of the Letter of Compliance (Ventilating System),

which is one of the pre-requisites for the granting of a restaurant licence.

Catalogue of Emergency Lighting Unit

66 The purpose of this catalogue is to enable the Fire Services Department to check

whether the emergency lighting unit installed meets the specified standard.


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Report of Compliance

67. Unless specifically requested, in order to give the applicant sufficient time to

decorate the premises and to comply with the requirements, no follow-up inspection will be

made by the Fire Services Department within three months after the issue of letter of fire

services requirements for compliance (paragraph 56). The respective Licensing Office ofFood and Environmental Hygiene Department would be informed if no report of compliance

for ventilating system is received within three months after each inspection.

Follow-up Inspection

68. To avoid delay, the applicant or his authorized representative should, upon

completion of all works required, inform the respective Fire Protection Regional Office*

either by phone or in writing, or the Ventilation Division of the Fire Services Department* in

writing, so that a follow-up inspection can be arranged.

Issue of a Fire Services Certificate

69. Upon confirmation during the follow-up inspection that all FS requirements have

been complied with and layout is in conformity with the approved plan, the applicant will be

advised in writing by the Fire Services Department (and the letter will be copied to the

respective Food and Environmental Hygiene Department Licensing Office) that a Fire

Services Certificate is available for collection upon payment of the prescribed fee.

70. A Fire Services Certificate is a pre-requisite for the issue of any restaurant licence

and it remains valid only when its actual layout conforms with the latest plans accepted by

Fire Services Department with all necessary fire safety requirements stipulated being in fullcompliance. If there are alterations or additions to the premises which may affect fire safety,

a new Fire Services Certificate will be required.

Re-visit for Non-compliance

71. At the initial follow-up inspection, if there are outstanding FS requirements, the

respective Fire Protection Regional Office will advise the applicant in writing of any remedial

works required and carry out further follow-up inspections upon notified the completion of the

requirements by the applicant until the application is aborted, or a Fire Services Certificate has

been issued. If the food premises are found operated without a valid licence, the Food andEnvironmental Hygiene Department will be informed to take appropriate action.

72. Upon confirmation during the subsequent inspections that all FS requirements have

been complied with and layout is in conformity with the approved plan, a Fire Services

Certificate will be issued.

___________________________________________________________________________

* The addresses and telephone numbers of these offices are at Appendix M.


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Part VII

THE ROLE OF THE ELECTRICAL AND

MECHANICAL SERVICES DEPARTMENT

The Role of the Director of Electrical and Mechanical Services

73. The applicant shall submit relevant certificates to the licensing authority if

electricity, town gas and liquefied petroleum gas (LPG) is to be used in a restaurant.

74. These certificates shall be issued by electrical or gas contractors registered with the

Electrical and Mechanical Services Department, to certify that the electrical or gas installation

in the restaurant complies with legislative requirements and codes of practice.

75. Paragraphs 76 to 81 hereunder list the requirements for each type of fuel. Any

specific queries concerning the use of electricity, town gas or LPG can be directed to the

Electrical and Mechanical Services Department*.

Electricity

76. No restriction is imposed on the use of electricity gas fuel for a food business.

However, all fixed electrical installation works should be carried out by a registered electrical

contractor/worker. Either a copy or the original of the Work Completion Certificate (Form

WR1) issued both as regards the fixed electrical installation and for the purposes of regulation

19 of the Electricity (Wiring) Regulations, (Cap. 406 sub.leg.) for a new fixed electrical

installation, or a copy of endorsed Periodic Test Certificate (Form WR2) issued both as

regards the fixed electrical installation and for the purposes of regulation 20 of those

regulations, should be obtained and forwarded to the Licensing Authority.

Town Gas and LPG

77. All gas installation works on the premises must be carried out in accordance with

the Gas Safety Ordinance (Cap. 51) by a registered gas contractor. Such works include new

installations, and modifications or servicing/repair of existing gas installations. The office of

the Gas Authority, the Gas Standards Office of EMSD, is responsible for enforcing gas safety

legislation and approving codes of practice for such works.

78. Town gas installations should comply with the Gas Safety Ordinance and the codesof practice issued by the Hong Kong and China Gas Company Ltd.

79. LPG installations, including portable gas appliances, should comply with the Gas

Safety Ordinance and the Gas Utilisation Code of Practice 06 (GU 06) LPG Installations

for Catering Purposes in Commercial Premises issued by the Gas Authority. In particular,

the following should be noted :-

(a) The use or storage of LPG cylinders exceeding 130 litres nominal water

capacity requires the written approval of the Gas Authority in accordance

with the Gas Safety (Gas Supply) Regulations.

___________________________________________________________________________

* The address and telephone number of this Department is at Appendix O.


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(b) LPG shall not be supplied to areas below ground level.

(c) LPG cylinders (other than for LPG dim-sum trolleys) should not be used

unless a central LPG, or Towngas, piped supply is unavailable in the

premises. Cylinders must be placed in a purpose-built storage chamber

and connected to appliances by means of rigid metal pipework.

80. The following describes the procedures that an applicant for a restaurant licence has

to follow under the Work Certification Scheme, when proposing gas installation and

modification works on the premises under application :-

(a) The applicant should select a registered gas contractor*.

(b) Prior to commencement of works, the applicant should obtain a

Certificate of Compliance signed by the registered gas contractor and

forward it to the licensing authority.

(c) Upon completion of all gas installation and modification works, to

include commissioning of gas appliances, the applicant should obtain a

signed Certificate of Completion from the registered gas contractor and

forward it to the licensing authority.

81. The Licensing Authority will check that the gas contractor has been registered for

this type of work by the Gas Standards Office and that the work certificates have been

properly completed. There will be no inspections of work for the purpose of issuing a

licence. The registered gas contractor will be responsible for ensuring that all works are

completed in accordance with legislative requirements and relevant codes of practice. TheGas Standards Office will subsequently carry out quality control of completed works from

time to time.

Lists of the contractors are available at the Food and Environmental Hygiene Department

Licensing Offices the addresses and telephone numbers of which are at Appendix A. Contractor

lists are also available at the EMSD website, http://www.info.gov.hk/emsd/index.htm.


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Part VIII

PROVISIONAL RESTAURANT LICENCES

Provisional General/Light Refreshment Restaurant Licences

82. Under regulation 33C of the Food Business Regulation, the Licensing Authoritymay, if such applications are made, issue Provisional General/Light Refreshment Restaurant

Licences to premises which have met all essential health, ventilation, building and fire

services requirements for the issue of provisional licences imposed by all the departments

concerned. This enables applicants to operate their restaurants on a provisional basis

following certification of compliance of essential requirements, pending the issue of full

licences.

Application and Licensing Procedures

83. Application for a provisional licence is entirely optional. If one opts for a

provisional licence, he should submit the application at the same time as he applies for a full

licence*. Application for a provisional licence without applying for a full licence will not be

considered by the Licensing Authority.

84. The licensing procedures of application for provisional licences are same as those of

application for full licences except that after the issue of the letter of requirements

(provisional licence), the applicant is required to report compliance by submission of

certifications by professionals. The flow chart at Appendix G depicts the licensing

procedures of application for provisional licences (as well as those of application for full

licences).

Criteria for Issue

85. The Licensing Authority will issue a provisional licence if :-

(a) there is no objection in principle to the application for a full licence, i.e.,

the application has been accepted by the Application Vetting Panel;

(b) the applicant has been issued with a list of essential health and ventilation

requirements (as per Appendix P) as well as building and fire services

requirements for the issue of a provisional licence; and

(c) the licensing authority is satisfied, upon receipt of the report of

compliance with the provisional licensing requirements from the

applicant enclosing certifications by professionals in prescribed forms+

that all essential requirements have been met.

86. The following professional persons are recognised by the Licensing Authority for

the purpose of certification for the issue of provisional licences :-

* Both application forms being the same and a sample is at Appendix C.

Sample of the report form is at Appendix Q.+

Sample of the prescribed forms is at Appendices R to U.

See

Appendix P

See

Appendix G


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(a) authorized persons or registered structural engineers registered under the

Buildings Ordinance in respect of health and building safety

requirements;

(b) fire service installation contractors registered under the Fire Services

Ordinance in respect of fire service installations and equipment; and

(c) registered specialist contractors (ventilation works category) under the

Buildings Ordinance in respect of ventilating systems.

A list of the authorized persons and registered structural engineers, fire service installation

contractors and registered specialist contractors (ventilation works category) is kept at the

Food and Environmental Hygiene Department Licensing Offices* for reference.

Validity

87. A provisional licence shall be valid for six months to enable the licensee to operate

his restaurant on a provisional basis following certification of compliance of essential

requirements, pending the issue of a full licence.

Renewal

88. The licensing authority may in exceptional circumstances renew, before it expires, a

provisional licence for only a further period not exceeding six months, if it is satisfied that the

non-compliance with the outstanding requirements for the issue of a full licence is due to

factors beyond the reasonable control of the licensee, his contractors and his agents.

Examples of such circumstances are :-

(a) the processing of the full licence application being hindered by a cause

which is not attributable to the act, default or omission of the licensee, his

contractors and his agents; and

(b) the occurrence of such events as labour strikes, curfews and natural

disasters.

89. Applicants who intend to apply for renewal of a provisional licence should submit

an application three weeks before the expiry of the licence with evidence to show that the

failure to comply with the full licence requirements is due to factors referred to in paragraph88 above.

Transfer

90. A provisional licence is not transferable except with the consent of the licensing

authority. The existing policies and guidelines governing the transfer of full licences will

apply to application for the transfer of provisional licences.

* The addresses and telephone numbers of these offices are at Appendix A.


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Licence Fee

91. The licence fee for the issue and renewal of a provisional licence shall be 50% of

the fee for a full licence. Nevertheless, if a full licence is issued during the validity period of

a provisional licence, refund of part of the fee paid in respect of the provisional licence will be

made on a pro-rata basis.

Monitoring

92. Premises issued with a provisional l

Documents

A Guide to Restaurant for Hong Kong Enterprises