Liquor Licensing and Food Lawyer in Hong Kong
Liquor Licensing and Food in Hong Kong - new licenses, renewals and decision appeals.
Licence applications, renewals of liquor licences, management of licence holders, their employment status and the way in which conditions applied can be maximised to benefit the business case of any licensed premises are all crucial in Hong Kong.
Effective control of liquor licensing has been a developing field for the last 30 years and Adrian Halkes has been at the forefront of it; developing new and innovative approaches to premises utilisation and maximisation of revenue via the creative application of licensing laws.
Practical and successful management of regulatory bodies including the Police, Food and Environmental Hygiene Department and the Liquor Licensing Board plus the Buildings Department and the Home Affairs Department has also seen persuasive defence strategies deployed at trial; that have secured the success of many businesses and zones around Hong Kong.
The interim licensing of premises pending appeal as a practice in Hong Kong, the design of a provisional food licensing system for the Hong Kong government and the evolution of many controls by way of additional licensing conditions to regulate hours of operation, premises use, structure and the like have been but a few of the achievements.
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Liquor Licensing in Hong Kong Basic Information Podcast
Notable Cases
Municipal Services Appeals Board 1
Successful challenge to the Liquor Licensing Board in respect of restricted hours of trade and premises use in Central Hong Kong, leading to the discovery of a covert zoning policy being deployed. The appeal process saw confirmation of the requirement for an individualised approach to liquor licensing decisions as to conditions to be attached and any related trading limits imposed.
This decision led to the opening up of a whole new commercial zone of food & beverage operations in Hong Kong; now known as SoHo (South of Hollywood Road).
Judicial Review 1
A liquor licence holder attempted to extract a significant payment from an employer for the transfer of a liquor licence, under threat of cancelling the licence, which led to a Judicial Review of the Liquor Licensing Board and a successful landmark case.
The licence was maintained as valid; and eventually ordered transferred: no payment was made to the ex-liquor license holder.
Judicial Review 2
Judicial Review leading to the establishment of the position that “deciding not to decide is a decision” on the part of a statutory body and is therefore amenable to appeal. This High Court opinion has been successfully used in multiple areas where bodies stall in their process or refuse to decide thereby barring an appeal but also leaving a decision unmade.
The decision may be used to force departmental or statutory bodies not to engage in non-decision making
The practice of the Appeals Board was to apply statutory time limits after an appeal was lodged, meaning liquor licences once cancelled or not renewed. It took many months to appeal the decision to cancel the license.
A successful challenge to the practice and procedure resulted in the “interim” Appeal decision process; permitting a business to continue operating pending the final determination of an appeal, and delaying the effect of the decision of the Liquor Licensing Board.
Municipal Services Appeals Board 2
Innovative action before the Municipal Services Appeals Board to obtain interim decisions of the Board to stay the effect of a decision of a lower statutory body pending a determination on appeal of the issues. This case reversed the prior approach to cancellation of a licence, non-renewal or imposition of highly damaging conditions.
The practice that led to devastating commercial damage whilst the appeal process and related timelines were engaged may now be avoided.
Municipal Services Appeals Board 3
Appealed the use of multiple licensing conditions on that overlap to restrict sound from licenced premises: leading to a decision that permits the ongoing playing of music internally without reference to hours where sound control via other means is deployed.
The silencing of food and beverage operations sound systems used as a shortcut to effectively halt their business activities is no longer a valid route of restriction in all cases.
This case saw premises with a low capacity limit increased by effective application of regulatory standards on appeal. This case fundamentally changed the approach of the Buildings Department to the capacity regulation of Licenced Premises.
The increase in customers permitted on the premises was pivotal to the success of the business and its growth in the years to come.
Municipal Services Appeals Board 4
Appealed the use of multiple licensing conditions on that overlap to restrict sound from licenced premises: leading to a decision that permits the ongoing playing of music internally without reference to hours where sound control via other means is deployed.
The silencing of food and beverage operations sound systems used as a shortcut to effectively halt their business activities is no longer a valid route of restriction in all cases.