Best Practices in Policing Alcohol and Licensed Premises
Today, Hong Kong enjoys a free market economy but it is highly dependent on the international trade, finance and tourism sectors for its revenues (Hong Kong 2009). The Mongkok Police District of Hong Kong is the subject of the dissertation (see map at Appendix ____ and District Boundaries as set forth in DC MKDIST'S Standing Order No. 1-01 at Appendix ____). There are currently more than 5,000 liquor licensed premises in Hong Kong, with 396 of them being situated in the Mongkok Police District. The number of bars/pubs, nightclubs and restaurants is 49, 33, and 314, respectively. In addition, Mongkok is an unofficial red-light district in Hong Kong; while the area is home to a number of different triad societies, gang fights for territorial rights are uncommon but the potential for violence exists nevertheless (Chu 2000). In this environment, identifying best practices in policing premises that serve alcohol has assumed new and importance relevance today.
Chapter 2. Literature Review
Historically, most efforts to regulate the sale of alcohol in order to reduce the corresponding incidence of alcohol-related harms have been based on the view that "less is best"; in other words, the less that alcohol is available the better for public health and safety. The idea that level of alcohol-related harm in a society is closely associated with degree of alcohol availability is sometimes referred to as the "Availability Theory." The major conclusion of a World Health Organization report was that population levels of alcohol-related harm are directly related to the levels of per capita alcohol consumption and, hence, the control of alcohol consumption through restrictions on alcohol availability becomes legitimate and a pressing public health concern.
There are three separate but linked propositions contained within Availability Theory in this regard as follows:
1. The greater the availability of alcohol in a society, the higher the average consumption of its population.
2. The higher the average consumption of a population, then the greater number there will be of excessive drinkers.
3. The greater the number of excessive drinkers in a population, the greater the extent of adverse health and social problems stemming from alcohol use (Heather & Stockwell 2004).
From a contemporary viewpoint, these propositions present a deterministic view that is opposed to many professionals' experiences with alcohol-related regulatory initiatives. In general, the research does not seem to support the concept that greater availability invariably results in greater levels of drinking, and that changes in average drinking levels invariably lead to greater "excessive" drinking and problems, even if in practice they usually do. There remain significant empirical questions regarding these assertions.
The relationships between availability and drinking problems are complex and multifaceted. Greater availability may and may not be related to greater use, and may be related to problems independent of use. Increases in average drinking levels may and may not be related to greater "excessive" drinking. "Excessive" drinking itself may and may not be related to greater problems. What we suggest is that, when viewed from the perspective of contemporary research, each proposition of the theory needs qualification and should be understood as a conditional, not absolute, description of the relationship between drinking and harm.Contemporary research into the relationships of alcohol availability to use and problems has placed the three basic propositions of Availability Theory in a new context. The basic questions asked with regard to these propositions are:
1. What are the mechanisms that relate decreases in availability to decreases in use?
2. Are the effects of changes in availability restricted to "excessive" consumers?
3. Are the greatest health consequences always incurred by "excessive" drinkers?
Modern answers to these questions are as follows:
1. The "full price" of alcohol consists of both its real price and the convenience costs of obtaining this good, and these "full prices" affect levels of use (Grossman, 1988).
2. Changes in availability affect both drinking patterns and routine drinking activities of all consumers (Gruenewald, Millar & Treno, 1993).
3. Traditional definitions of "excessive drinkers" as persons who on average, over all days, drink significant amounts of alcohol (e.g. more than 60g) in fact exclude the many people who experience alcohol-related harm as a consequence of occasional "binges" -- the so-called "prevention paradox" (Kreitman, 1986; Gmel et al., 2001).
It is essential to recognize that this research has changed the entire context in which these scientific issues are discussed. The deterministic sense displayed by the original propositions of Availability Theory has been altered by contingent views of availability's effects. Changes in availability affect drinking only to the degree that they affect the "full price" of alcohol; this need not always be the case for all consumers (Abbey et al., 1993).
Regulations concerning the availability of alcohol sales, though, may not affect use; however, such regulatory actions may still affect routine drinking activities related to problems; reducing availability at bars and restaurants reduces crashes independent of drinking levels (Gruenewald et al. 1999). Changes in availability may not affect the overall volume of alcohol defined on external criteria as "excessive" but may influence the frequency of high risk or "excessive" drinking occasions. These findings result in the following expansion of the basic propositions of Availability Theory:
1. Greater availability of alcohol in a society will increase the average consumption of its population when such changes reduce the "full price" of alcohol, i.e. The real price of beverages at retail markets plus the convenience costs of obtaining them.
2. Greater availability of alcohol in a society will directly affect alcohol-related harm when such changes affect the distribution of "routine drinking activities"; behaviours drinkers engage in when consuming alcohol (e.g. drinking at bars vs. At home; drinking socially vs. alone).
3. Greater average consumption in a population will be related to increases in drinking among some segments of the population along one or more of the several basic dimensions of drinking; rates of abstention, frequencies of use, quantities consumed and variances in drinking levels.
4. Greater adverse health and social problems stemming from alcohol use will appear across the drinking population, focused in those subpopulations most exposed to risk. These risks will be distributed differently across population subgroups, depending upon differences in routine drinking activities (2, above) and drinking patterns (3, above) (Heather & Stockwell 2004, 217).
The means for controlling alcohol's availability can be usefully divided into those that reduce economic availability and those that reduce physical availability as shown in Table 1 below.
Table 1.
Regulating Availability of Alcohol Sales
Means for Controlling Availability
Description
Economic availability
This is essentially the price of alcoholic drinks as a proportion of disposable income among potential consumers. The retail price of alcohol is directly influenced by levels of taxation, formal and informal controls on drink prices, the costs of production, levels of consumer demand and the cost of any related services supplied along with alcoholic beverages (e.g. live entertainment on licensed premises). The price of alcohol appears to have an influence on level and pattern of consumption and the relationship is mediated by a complex array of other factors.
Physical availability
This is essentially the availability of alcohol in one's physical environment mediated by the likelihood that one will come into contact with these sources of drink. Thus, the physical availability of alcohol is principally determined by local liquor licensing laws and the nature of their enforcement, but may be strongly modified by other aspects of human behavior. Licensing laws may govern permitted hours of sale, persons who may be licensed, numbers and types of outlets, persons to whom alcohol may be sold, types and strengths of alcohol beverages sold, permitted locations of alcohol outlets, the physical characteristics of premises, and the range of other services or products that may be provided. In many instances, how these laws are enforced in practice falls short of both the intention and the letter of the law. In particular, laws regarding service to underage and intoxicated customers are frequently ignored and local outlet densities grow disproportionately large as outlets concentrate along geographic boundaries between wealthy and poor areas and are "grand-fathered" into urban planning areas.
Source: Heather & Stockwell 218.
Consequently, it is highly important to understand regulatory systems and strategies as well as the legal context when considering the extent of alcohol's availability. It is also important to recognize that the effects of physical availability are, unlike beverage prices, local rather than global. Alcohol beverage prices are relatively homogenous with respect to the physical geography of nations, states, provinces, counties, communities and neighbourhoods (e.g. varying by a factor of 83 within markets and less than 1.1 between neighbourhoods in a recent community-based study in the United States (Gruenewald et al. 1999).
Beverage availability, on the other hand, is typically quite homogenous on large scales (e.g. At the state level in the United States); however, it is heterogeneous at the smaller scales of communities and neighbourhoods (in the same study, varying by a factor of 300). As a result, while it is a simple matter of beverage choice that enables consumers to off-set price increases (by selecting less expensive beverages (Gruenewald & Treno 2000), it is a more complicated matter to off-set the effects of reduced availability (by selecting alternative establishments, taking on additional travel time, altering travel schedules, and so on). Of course, it becomes a very difficult matter to overcome sparse levels of availability when they are encountered (e.g. In the more remote regions of Western Australia).
Taken together, the issues suggest that the impact of availability policy on the use of alcohol may be as heterogeneous as patterns of availability themselves. The reduction of one outlet in an urban area has significantly different meaning and implications than the reduction of one outlet in a rural outpost. Similarly, the reduction of one outlet on one side of town has different meaning and implications than the reduction of one outlet on another. In this regard, Heather and Stockwell emphasize that, "The outlet in the rural outpost may be the only one for 300 miles. The bar closed at the end of the street may be frequented by most of the neighbourhood, the bar across town rarely used" (218).
For these reasons, although the formulation of economic policies (e.g. beverage taxes, mark-ups, etc.) tend to take place on a more global level (at the levels of states and nations), the formulation of policies to influence physical availability of alcohol can and often does occur at all levels of governance. Thus, it is rarely the case that the price of alcoholic drinks may be influenced at the local level (in Australia this does occasionally occur, often through informal agreements). On the other hand, outlet licensing laws and regulations typically allow input from local communities who wish to restrict the hours and days of sale of alcohol. In the United States, planning and zoning regulations may be used to restrict the distribution of alcohol outlets in community areas and, at the urban level, are the primary determinants of local distributions of availability. At the other extreme, international agreements may restrict labelling and taxation of alcoholic products or ban sales of alcohol altogether. For all these reasons, it is important to be clear about the geographic parameters of a particular alcohol control measure (Heather & Stockwell).
Opponents of more restrictive regulation concerning the availability of alcohol are quick to point out that the pattern of deregulation established in the latter half of the twentieth century has, at least in some instances, been accompanied by declining levels of per capita consumption in some developed countries. For example, Heather and Stock (2004) note that the substantial relaxation of Scotland's liquor licensing laws in 1976 were not associated with increased alcohol consumption in comparison with neighbouring England (these laws permitted trading on Sundays and later trading hours during the week). Deregulation of liquor licensing in Victoria, Australia, in the late 1980s resulted in a dramatic increase in the number of liquor licenses issued but was associated with a decline in overall alcohol consumption (Heather & Stockwell 2004). These issues raise the question as to whether more restrictive liquor licensing regulations reduce alcohol-related problems in different countries.
In some cases, although the answer to the foregoing question is generally "yes" it is also sometimes "no" in other cases depending on the local context (Heather & Stockwell 2004). In this regard, Sheridan (2003) emphasizes that alcohol use is a fundamental part of the culture of many countries and nowhere is this more evident than in Ireland. In this regard, Sheridan advises, "The Irish are more associated with alcohol than most other nations and their fondness for drink is the butt of countless jokes. Tourist advertisements encouraging visitors to Ireland almost always figure a pint or two as part of the campaign. A country with such a reputation, one might expect, would have the most liberal of laws for the consumption of alcohol" (28). Despite this popular perception, though, Ireland has plans to implement more rigid liquor licensing regimens that will help control the public consumption of alcohol in an attempt to reduce the incidence of related automobile accidents and violence. For instance, Sheridan notes that, "Ireland has a love-hate relationship with alcohol. The Irish enjoy a reputation for cordiality: pub culture is the centre of social life and, according to some reports, per capita alcohol consumption is one of the highest in Europe. On the other hand, up to 25 per cent of cases in accident and emergency units in Irish hospitals are alcohol-related, and assaults related to drinking have increased dramatically in recent years" (28).
In response to these disturbing trends, the president of Ireland, Mary McAleese, recently described the Irish attitude to drink as "unhealthy" and "sinister." In 2000 there were almost 15,000 reported cases of public intoxication and a similar number for abusive or insulting behaviour. In an attempt to stem the huge growth of these offences, the government updated the Intoxicating Liquor Act that year. The hope was that if opening hours were extended and the drinking regime liberalised, people would moderate consumption. The government underestimated the strength of Ireland's alcohol culture (Sheridan 2003).
As a result, alcohol consumption increased as well as the incidence of violent behaviors required to be resolved by the local police force. In response, a commission was established to examine the problem in detail, taking submissions from all sectors related to the liquor industry. In February 2000, the Commission on Liquor Licensing produced its final report, making a number of recommendations that the government has said it intends to implement. The legal age of consumption will remain 18 but endemic under-age drinking will be tackled by requiring everyone under the age of 21 years to show proof of their age on licensed premises; under-15s will be banned from pubs after 8pm. The ID requirement is intended to catch out older-looking 16-year-olds. The government will also back-pedal on provisions in the 2000 act that allowed premises to remain open until 12.30am on Thursdays (in addition to Fridays and Saturdays). Alcohol abuse is thought to cost the Irish economy up to two billion euros in lost productivity, due in part, the government believes, to people drinking on those late Thursday nights (Sheridan 2003).
Some of the proposals, such as allowing plain-clothes police on to premises to enforce drinks legislation, have been more controversial and angered the Vintners Federation of Ireland. The law that publicans cannot serve people who are "drunk" has been all but unenforceable. Previously, small fines could be levied but now the Irish minister for justice, Michael McDowell, believes pubs should "face closure if they serve drink to the point where they are turning people out on the street plastered" however, as one publican from County Wexford asked on Irish radio: at what point is he responsible for "the person who gets quietly plastered and 'out of their tree'"? (quoted in Sheridan 2003 at 28).
Another controversial measure is that police may start recording customers on video camera as they leave premises, using the tapes as evidence if people are subsequently charged for being drunk. With 40 per cent of fatal road accidents being drink-related and an average of 25 alcohol-spurred assaults per night, the government sees such enforcement as the solution.
Not everyone agrees. They believe a sea change is required in the mentality of Irish people with regard to the "demon drink." Patricia McKenna, a Green Party MEP, believes education is the answer: "In Mediterranean countries young people have access to alcohol from a very early age. In the European Parliament, I never see Mediterraneans sloshed and out of their minds. Unfortunately, closer to home, I do see it" (quoted in Sheridan at 28). Others believe an outright ban on alcohol advertising is the answer. The drinks industry heavily promotes some Gaelic games, and though a voluntary ban operates on the national television station, drinking is heavily promoted in other media (Sheridan 2003). As a result, the Irish government must identify an appropriate balance between a national alcohol strategy and the proper enforcement of current legislation if a more mature attitude in Ireland towards consumption is to be achieved. As Sheridan concludes, "Unfortunately the benefits of any such strategy could take a generation to manifest themselves, and few governments can commit to such a long-term strategy. Meanwhile Ireland will continue to find answers to its problems at the bottom of a glass" (28).
In some countries, decisions concerning the laws that govern licensed premises serving alcohol are left to the discretion of the local communities and states involved. For example, in Australia, the so-called "six o'clock swill effect" has frequently been used in support of more liberal and unrestricted closing hours for licensed establishment and in many states, operating hours for such establishments have been progressively lengthened in recent years. According to Chikritzhs and Stockwell, "During parliamentary debate of the New South Wales Liquor Act in 1982, it was recommended that extended trading be introduced in licensed premises, with the explicit reasoning that doing so would reduce heavy episodic drinking. With reference to public health and order, the Australian Capital Territory adopted a similar stance in its Liquor Control Act of 1985 by stressing the need for extended trading hours and general deregulation of the liquor industry" (591).
Likewise, the Liquor Licensing Act of 1988 mandates closing times for licensed premises in Western Australia; however, this law also allows an application to be made to the Director of Liquor Licensing for an extended trading permit (ETP) that typically allows an hour of extra trading at closing times. In that state, there are no formal criteria for granting a late trading license; it is left entirely to the discretion of the Director of Liquor Licensing (Chikritzhs & Stockwell). The Extended Trading Permit system allowed by liquor laws in Western Australia has some interesting and unique features. Since mid-1993, over 70 ETPs have been granted at various times by the Director of Liquor Licensing. The permits typically allow an additional hour of trading at peak times (e.g., Friday, Saturday and Sunday nights), changing the normal closing time of midnight to that of 1 AM of the following day. The low levels of monitoring of licensed premises during this period afforded the opportunity to evaluate the impact of small extensions of trading hours in licensed premises on levels of assault (Chikritzhs & Stockwell).
The results of this investigation demonstrated that between July 1991 and June 1997 there was a significant increase in the level of violent assault occurring in and around Perth hotels, which was associated with the introduction of extended trading permits as of mid-1993. Officially reported cases of violence are estimated to be only a small proportion of the true levels of violence in a community, however, and hence total numbers of assaults were likely to have been underestimated (Chikritzhs & Stockwell).
It was also shown that the increased levels of violence associated with late trading were due, in large part, to higher levels of wholesale purchases of high-strength beer, wine and distilled spirits made by these hotels. One of the main limitations of the study, however, was that it was not possible to establish whether the increase in wholesale alcohol purchases was solely the result of increased patronage attracted to late trading hotels because of the extended closing hours, or whether there had also been an increase in the amount of alcohol consumed by individuals. It is most likely that the estimated increase in consumption resulted from both greater numbers of patrons and greater levels of intoxication (Chikritzhs & Stockwell).
Increased patronage for some hotels also may have lead to greater levels of crowding that may, in turn, have contributed to increased levels of violence, not only within the hotel but also in the immediate vicinity (e.g., footpaths, where patrons queue and compete for limited transport services). Several studies have identified that one of the major situational factors that contributes to patron frustration and aggression in licensed environments is overcrowding. Late trading has also been shown to shift the time at which alcohol-related events (e.g., road crashes and violent assaults) take place. From a strictly pragmatic perspective, the change in the timing of alcohol-related incidents due to extended trading has implications for patron access to public transport and emergency services. Patrons leaving hotels with extended trading at closing time may find it difficult to access public transport, as the availability of buses, trains and taxis is reduced in the early morning hours. Emergency services are also generally less well resourced after midnight and any increase in treatment required for alcohol-related injury (e.g., road trauma or assault-related injuries) will contribute to this burden (Chikritzhs & Stockwell).
Yet other countries tend to more actively involve the citizens in the communities in the decision-making process concerning liquor licensing laws. For instance, a decade ago, the city of Vancouver, British Columbia (pop. 540,000), was facing many of the same challenges faced by other North American cities: an increasingly diverse population, a growing demand for improved customer service, budget constraints that force difficult decisions about service reductions, and the desire for increased accountability on the part of the local government. In addition, Vancouver's citizens were demanding more say in the decisions that affect their homes and neighborhoods (Rogers 2003).
The Public Involvement Review began in 1996 as an initiative to improve the effectiveness of civic government and service delivery. The review consisted of three stages: a cataloguing of city processes, an evaluation of city processes, and the implementation of recommendations. Guided throughout by an interdepartmental steering committee and a coordinator, the review allowed for significant input from city staff and the public. The evaluation showed that the city involved the public quite effectively for some large, one-time projects but did not do as well for many recurring processes, such as development applications and liquor licensing reviews. The question was then whether Vancouver should reinvent the way it involves the public or simply build on the current structure. The recommendation that emerged was not to overhaul the system but to make a number of targeted improvements to the programs already in existence (Rogers 2003).
In response, city staff developed an action plan that included more than 35 projects in six strategic areas: departmental improvements, a corporate framework for public involvement, public involvement skills training, civic awareness, ongoing contact with communities, and multicultural outreach and translation. Project implementation hinged on the city's commitment to allocate not only staff time and funding but also the leadership necessary to promote those projects that would initially seem costly but would ultimately prove to be cost-effective.
By 2002, improvements had been made in all six strategic areas. Such improvements included joint community-applicant workshops for development applications; a complete process redesign for liquor license applications; an intranet-based "Public Process Guide" to help staff plan and execute effective public management programs and a companion guide for the public so they can know what to expect from the city and how to get involved; a new course in public involvement skills training and enhancements to existing courses; a civics curriculum for eleventh-grade social studies students; greater promotion of city services, especially on a city Web site and through interactive television; QuickFind, a centralized database of community groups and Community Web Pages that offer information on services, community events, and other topics of concern for each of the 23 localities; and multicultural and translation strategies, as exemplified by a Newcomer's Guide to the city, which was published in Chinese, Punjabi, Vietnamese, and Spanish as well as in English (Rogers 2003).
A final report sent to the city council at the end of 2001 included a strategy for sustaining the improvements that were made. Response to the program from all quarters has been supportive, and for several reasons. First, the public was an active participant, included in focus groups, workshops, and pilot projects. Second, an interdepartmental steering committee was there to ensure that the interests of each department were represented and that cooperation and team building occurred between departments as diverse as police, parks, and the library. Third, the steering committee and a dedicated coordinator brought in the necessary expertise and pushed the projects along. Finally, partnering with the private sector allowed for the development of the Newcomer's Guide, which would otherwise have lacked the scope and exposure it had. The success of Vancouver's Public Involvement Review program was based on an interested and active public. Due in large part to the partnership between city departments and the public, today the residents feel more informed about the issues facing their community and more engaged in the decision-making process (Rogers 2003).
In the final analysis, then, deregulation of licenses or increasing policing of establishments that serve liquor may or may not affect access to alcohol, depending upon the geographic distribution of outlets, their locations with respect to consumers and the current "saturation" of the markets themselves (i.e. The degree to which demand is already met by current availability) (Heather & Stockwell 2004).
Police Enforcement Control on Liquor Licensed Premises in Hong Kong
Pursuant to paragraph 9 of ____, "As both the advisory cum enforcement agent of the Dutiable Commodities (Liquor) Regulations (?
) and the Dutiable Commodities Ordinance (?
), Police play a key role in exercising all regulatory controls on liquor licensed premises or unlicensed liquor premises. Based on the results of these control measures, Formation concerned will therefore forward the corresponding recommendations to LLB facilitating all Board members to have a fair and accurate assessment on the premises and to determine the relevant result of licence applications. Types of regulatory controls include:
1. Vetting applicants in case of new issue/renewal/transfer of liquor licences;
2. Conducting licensed premises visits;
3. Enforcing law and order on licensed premises;
4. Raiding unlicensed premises;
5. Reporting irregularities relates to a licensed premises to LLB via CIP Licensing; and,
6. Making recommendation to LLB in respect of all forms of applications including new issue, transfer, renewal, revocation, amendments and/or the imposition of licensing conditions etc.
Police Enforcement against Unlicensed Premises
Pursuant to paragraph 39 of ____, "Force policy in respect of enforcement action against unlicensed premises selling liquor can be found at Annex P. Items of all exhibits to be seizued must bear direct relevance to the offence to be proved. For instance, to prove the offence of 'Selling Liquor without a licence', it is necessary that all containers of alcohol e.g. glass or bottle, used to serve customers or police agent are seized. As regards the offence of 'Possession of Liquor for sale without a licence', all stocks should be seized." Likewise, paragraph 40 stipulates that, "Under the Clubs (Safety of Premises) Ordinance, Cap. 376, a 'club' means any corporation or association of persons formed for the purpose of affording its members facilities for social intercourse or recreation and which: (a) provides services for its members (whether or not for the purpose of gain); and (b) has a club house of which only its members and their accompanied guests have a right of use. Should any premises be found to be operating in the guise of a private club, clarification can be sought from the Home Affairs Department (Attn: Chief Officer, (Licensing Authority))."
Police Visit Summary and Police Visit Record
As provided for in paragraph 36 of ____, "In respect of each visit (be it a raid, licensed check, covert or overt operation, or incident requiring police intervention inclusive), duties involved (MESU/LOSU, PSU, PTU, SDS or DATS, etc.) are required to complete a police visit record (revised) at Annex P. And asked the licensee or person-in-charge present during police visit to sign on the piece of document and to confirm the observation stated. The duly signed visit record also serves as a piece of acknowledgement, agreed by either the licensee or the person-in-charge, of what has been detected during these police visits." Further, paragraph 37 states that, "The duly completed Police Visit Record shall be forwarded to the MESUC for inclusion into the Police Visit Summary (Revised), see Annex Q (which has been revised to include S/N, duty hours of licensee, brief reasons for licensee's absences, etc.). This Visit Summary serves as an easy reference for the LLB and as table of evidence in support of Police's recommendation. As a result, care must be taken to ensure that all visits and all irregularities are included." Finally, paragraph 38 stipulates that, "In the event of a confidential or surprise operation, result and timing of the operation should be passed to MESUC/LOSUC for updating of Police Visit Summary. This will enable a full picture of what have happened on the licensed premises to be presented to the LLB. It is also pertinent that case development or result is updated on the summary as and when it is available. Accuracy is stressed as quite often incidents mentioned in the recommendation have not been included in the Police Visit Summary, or vice versa. As the licence check may be performed by various police units, it is imperative that all officers are fully briefed of the foregoing requirement by the DVC, ADVC OPS or ADVC ADM prior to the visits. Guidelines on completion of the summary are included thereon the form."
Types of Liquor Licence
There are three types of liquor licences available as described in Table __ below.
Table
Types of Liquor Licences Available
Type of Liquor Licence
Description
Liquor licence
Liquor licences are granted to premises where sale of liquor carried on exclusively or in connection or association with any trade or business activity. These premises usually conduct their business in the form of restaurants, cafes, bars, karaoke, bars and disco etc. In places where food is served, a general restaurant licence (GRL) or a light refreshment licence (LRL) is required from the FEHD, in accordance with Section 32 of the Public Health and Municipal Services Ordinance. This possession of a GRL or a LRL is a prerequisite for any application for a liquor licence. The premises can also submit their applications for a liquor licence once they are being issued with a provisional food licences. Depending on the validity of the food licences, the liquor licence if approved, would cease to be valid upon the expiry of the corresponding food licence, whether such a food licence is on provisional base or a full term licence.
Club Liquor Licence
Club licences are issued to clubs registered with the Home Affairs Department to carry out activities for members but a Club Liquor Licence is required from the LLB for liquor business on the spot. A Certificate of Compliance (C of C) or a Certificate of Exemption issued by the Home Affairs Department (HAD) in respect of the premises serves as a prerequisite for an application for a Club Liquor Licence. In granting a club liquor licence, LLB will also include the capacity limit on the licence with the number tallies with the specified limit in the C. Of C. This is to ensure that club members will be protected from any unnecessary risks. Karaoke clubs that do not serve liquor are not subject to any regulations at this stage but a KE Permit is required for this particular activities. The KE Bill has been passed in July 2002 to take effect on 2003.01.08. Front line duties should refer any suspected "sham clubs' activities to the Home Affairs Department for their appropriate follow up action.
Temporary Liquor Licences
Temporary Liquor Licence is issued to current holders of liquor licences to cater for the retail sale of liquor at public events or public occasions of temporary.
Source:
According to the Aide Memoire on Liquor Licenses (2001), liquor licences shall be valid for a period of 1 year or such lesser period as the Board shall determine of which would not be less than three months in any case. Depending on the situation of individual liquor licensed premises, the Board shall determine each and the application with references made to the unique characteristics of the premises concerned. Sometimes, the period of validity may also have to be adjusted (shortened) to tally with the validity of the general restaurant licence or light refreshment licence. When approval is given by LLB on the issue or renewal of a licence, an original copy of the licence will be issued to the applicant. A copy of the approval letter (with details of validity and special conditions imposed) will be given to the Police Formations concerned for information.
In case of the death or insolvency of the holder of a liquor licence, his executor, administrator or trustee may carry on the business on the licensed premises until the expiration of the licence, subject in every respect to the same regulations and conditions as the licensee
(Section 54 of the Dutiable Commodities Ordinance, Cap. 109).
A liquor licence may be accompanied with a bar endorsement and/or a dancing endorsement. No bar business or dancing activities can take place without a corresponding endorsement approval granted by LLB. For safety reasons, the premises will be given a holding capacity limit, upon the recommendations from the Building Department, and the licensee should ensure the number of staff and patrons on the premises must not exceed the said number at any time. Details of these endorsements are clearly stated on the licence.
The Dutiable Commodities (Liquor) Regulations, Cap 109B empower the LLB to impose specific licensing conditions, supported by valid reasons, on the licence. Examples of these conditions include restricting the liquor selling hours or supply hours, doors and windows to remain closed at certain times of a day, licensee's specific duty hours and leave days etc. These special conditions can be found on the licence, which are also listed on the approval letters.
As covered in preceding paragraphs, it is important to conduct vetting checks against the premises in question and consideration should be given to the following actions:-
(a) DIS and CICS checks;
(b) site visit to confirm the exact location of the premises, and observe the likely impact of its operation to the neighborhood with references made to the mode of business and the business hours;
(c) If the premises has already commenced business, conduct raids to check if there is any irregularities e.g. selling liquor without a valid licence, crimes, triad or violence associated with the operation of the premises etc.
As the co-proprietor and/or the person in charge of the premises, in the absence of the licensee, may also be engaged in running the liquor licensed premises, it is also important to conduct vetting on the named person-in-charge, and, depending upon the circumstances, possibly the business partners, through EPONICS, DIS and CICS check. It is important to note that only serious conviction records involving triad, drugs, vice or violent crimes etc. should be considered. Formations can obtain the details of the business composition from the Company
Registry.
The current operational priorities for the Mongkok District Police Force are set forth in Table __ below.
Table
2009 Operational Priorities for Mongkok District Police Force
Operational Area
Description
Violent crime
1. Ensure a strong police presence (both uniformed and plain clothes) in the vicinity of high-risk commercial premises, problematic licensed premises and identified crime blackspots.
2. Provide prompt and professional response to reports of violent crime and incidents of domestic violence.
3. Provide intelligence support in the form of timely situation and assessment briefs to units for proactive anti-crime deployment.
4. Target criminals and their activities with intelligence led operations, background research and monitoring crime patterns.
5. Liaise and co-ordinate with other Districts and Formations in the Region to share intelligence and resources to achieve optimum results.
6. Provide focused crime prevention initiatives in problem areas to raise public awareness and arrange media cover to highlight successful cases.
Triads
1. Optimise use of the Force Criminal Intelligence System to address triad related crime and ensure continuous monitoring and assessment by DIS and DATS.
2. Take prompt and professional action in response to intelligence on triad activities and ensure the proper recording, processing and dissemination of such intelligence.
3. Target triad personalities and activities, including youth gangs, and respond rapidly to potential triad conflicts.
4. Take proactive measures to attack the sources of triad income in the District, principally obscene DVDs, Vice, Money lending and Debt Collection.
5. Mount inter-departmental joint operations to protect youths who are harassed or targeted by triads for recruitment, such as Operations 'Levington' and 'Landmover'.
6. Use intelligence led operations, including covert deployments, against known triads and their associates.
7. Continue the use of enhanced sentencing under OSCO and witness assurance where applicable.
Quick cash crimes
1. Monitor crime activity patterns for the timely deployment of front line duties to problem areas.
2. Enhance the exchange of intelligence on quick cash crimes at District and regional levels.
3. Maximise the use of intelligence to target criminal groups and in support of intelligence-based operations.
4. Carry out intelligence led operations against individuals and groups identified.
5. Encourage greater awareness throughout the community, security and business industry by means of focused crime prevention initiatives attacking opportunist crimes.
6. Seek enhanced sentencing under OSCO for prevalent crimes.
Terrorism
1. Contribute to the production of threat assessments prepared by PHQ and RHQ as appropriate.
2. Feed information into the Force Criminal Intelligence System through DIS MKDIST and ensure any specific information is passed to SW through RIU KW at the earliest opportunity.
3. Brief front line duties on current trends and encourage the submission of information of potential intelligence value.
4. Monitor activist groups and ethnic groups for indications of unrest and potential areas of conflict or hostility.
Trafficking and Abuse of Dangerous Drugs
1. Enhance intelligence gathering at all levels.
2. Encourage proactive searching of suspects and vehicles.
3. Conduct regular licence checks on those premises where trafficking and abuse are identified and those that are frequented by persons of young age.
4. Conduct control-buy operations targeting street level traffickers and their couriers.
5. Continue enforcement against divans, where identified.
6. Participate in anti-drug campaigns utilising a multi-agency approach, particularly aimed at juveniles and young persons. Conduct seminars in schools to educate the young on the dangers of drug abuse.
Offences Related to Visitors and Illegal Immigrants
1. Carry out intelligence led operations against locals assisting tourists and visitors to enter, legally or illegally, and commit crimes during their stay.
2. Closely liaise with the Immigration department to conduct joint operations targeting overstayers and sex workers.
3. Ensure the prompt indexing and dissemination of intelligence to front line units and prepare briefs or assessments where necessary.
4. Target the crimes of pickpocket, street deception and theft offences committed by non-residents.
Road Safety
1. Maintain traffic enforcement operations and safety campaigns aimed at pedestrian and vehicle traffic in support of KW Region Operational priorities.
2. Focus District resources on traffic accident blackspots.
3. Mount roadblocks and snap checks in support of new drink driving legislation and encourage random breath testing.
4. Enlist the support of local transport operators and their associations to encourage safe driving practices and self-regulation.
Policing of the 2009 East Asian Games
1. Effectively manage the District manpower required for the 2009 East Asian Games.
2. Prepare proper policing plans for rehearsal locations located within the District.
3. Continue to provide effective day-to-day policing in the District in the absence of resources required in support of the 2009 Asian games events.
Chapter 3 Background
Information concerning government structure.
Chief Executive (CE) of Hong Kong appoints members of the Liquor Licensing Board (LLB) to make decision over the issue of general liquor licences to the premises (pubs, bars, & restaurants) and club liquor licences to the clubs. Food and Environmental Hygiene Department (FEHD) executes the decision of LLB to the applicants. The Hong Kong Police Force is responsible to monitor the performance of the licensee by visiting the licensed premises. The Hong Kong Police Force consists of six regions, namely the Hong Kong Region, Kowloon West Region, Kowloon East Region, New Territories South Region, New Territories North Region, Marine Region. Kowloon West Region has four Police Districts, namely Mongkok District, Yau Tsim District, Kowloon City District and Shum Shui Po District.
Mongkok Police District is the subject of the dissertation. A Police Superintendent is deployed as the Assistant District Commander, Administration commands three Chief Inspectors. One of the Inspectors is called Chief Inspector, Administration who supervises three Senior Inspectors. One of the Senior Inspectors is named Miscellaneous Enquiries Sub-Unit Commander (MESUC) leads one Station Sergeant, one Sergeant and five constables to monitor the performance of all liquor licensed premises without Mongkok police district.
In the open hearing chaired by the Chairman of the LLB, members of the board hear comments from Police, FEHD, other relevant department and the applicants over the issue of the liquor licences. After the open hearing in the morning, the LLB members will hold a closed door meeting in the afternoon to make decision for the application of the liquor licences.
The applicants for liquor licences can lodge appeal against the decision of LLB to the Municipal Services Appeals Board, which is of an independent organization appointed by the CE. The result of the appeal is considered the final other than the Judicial Review by the law courts.
There are currently more than 5,000 liquor licensed premises in Hong Kong, with 396 of them being situated in the Mongkok Police District. The number of bars/pubs, nightclubs and restaurants are respective 49, 33, and 314. The productivity of MESU of Mongkok Police District against the liquor licensed premises is as follows:
2007
2008
Warning letters / arrests for selling liquor without a licence
8 / 10
14 / 7
Summons (Licence Condition)
14
25
Warning letter (Licence Condition)
17
21
Regulation 17 of Dutiable Commodities Regulation 17 of Dutiable Commodities
(Liquor) Regulations, Cap 109B stipulates that, "The Board shall not grant a liquor licence unless it is satisfied
(a) that the applicant is a that the applicant is a fit and proper person to hold the licence; and,
(b) that the premises to which the application relates, having regard to-
(i) the location and structure of the premises; and,
(ii) the fire safety and hygienic conditions in the premises;
(c) that in all the circumstances the grant of the licence is not contrary to the public interest public interest…"
According to Black's Law Dictionary (1991), the term "fit and proper" is usually interpreted as meaning "moral fitness" (637).
Chapter 4. Methodology
A review of the available research methodologies indicated that a triangulated methodology would be most appropriate to achieve its goals. According to Neuman (2003), "Triangulation is a term borrowed from surveying the land that says looking at an object from several different points gives a more accurate view of it" (p. 547). The first leg of the triangulated methodology consisted of a review of the relevant peer-reviewed and scholarly literature concerning the regulation of alcohol sales and licensure approaches in various countries and regions and their implications. This leg of the research methodology is highly congruent with a number of social researchers who emphasize the need to review what is known about a given topic in virtually any type of research project today as well as to identify existing gaps in the literature (Neuman, 2003)
The second leg of the triangulated research methodology consisted of a series of case studies of license applications from establishments operating in the Mongkok district and their outcomes and supporting rationale. According to Jensen and Rodgers' (2001) definition, the term "case study" has been applied to a wider range of studies in recent years, and the definition has changed to focus on the entity being investigated. For instance, these authors define case studies as being a kind of "research conducted within a single agency or political jurisdiction, or research that spanned a handful or less of single agencies or political jurisdictions for comparative purposes" (Jensen & Rogers, p. 573). According to Zikmund (2000), the case study method is "an exploratory research technique that intensively investigates one or a few situations similar to the researcher's problem situation" (p. 722). The primary advantage of this approach is that a subject area can be investigated in depth and with great attention to detail (Leedy, 1997).
The third leg of the triangulated methodology consisted of a series of interviews with law enforcement officials from the Mongkok district concerning their views about existing liquor licensing procedures and what changes they would recommend. This final leg of the research methodology is also highly congruent with a number of social researchers who emphasize the need to incorporate both secondary and primary research into a study whenever possible. For example, Dennis and Harris advise that, "Primary data are information that is being collected for the first time in order to address a specific research problem. This means that it is likely to be directly relevant to the research, unlike secondary data, which may be out of date or collected for a totally different purpose. Ideally, an effective research project should incorporate both primary and secondary data" (39).
Chapter 5. Data Analysis and Findings
A recapitulation and review of major international cities' respective liquor licensing guidelines and provisions is provided in Table __ below, followed by comparable guidelines for the Mongkok District in Hong Kong. A series of case studies concerning recent liquor licencing reviews and outcomes is followed by a summary of the results of the semi-structured interviews with licensing officials in Hong Kong.
Table
Major International Cities' Liquor Licensing Guidelines and Provisions
City/Source
Liquor Licencing Guidelines and Provisions
New York City / http://www.
abc.state.ny.us/history
In 1934, New York State enacted Chapter 478, known as the Alcoholic Beverage Control Law, creating the State Liquor Authority and the Division of Alcoholic Beverage Control. The State Liquor Authority's first Annual Report noted that Chapter 478 was enacted by the Legislature for "the protection, health, welfare and safety of the people of the State." These concerns continue to guide the State Liquor Authority today. The responsibilities of the SLA include properly issuing licenses and ensuring those licensed comply with the Alcoholic Beverage Control Law (ABC Law). In carrying out these functions, the SLA seeks to work cooperatively with local law enforcement, government officials, community groups and local leaders to ensure public participation in the licensing and enforcement process. The State Liquor Authority continues to work to meet the authority's objective to serve the citizens of New York State. The major responsibilities of the State Liquor Authority include the following:
1. Reviewing applications and investigating applicants to determine eligibility;
2. Issuing licenses and permits for the manufacture, wholesale distribution and retail sale of all alcoholic beverages;
3. Regulating trade and credit practices related to the sale and distribution of alcoholic beverages at wholesale and retail levels;
4. Conducting outreach with licensees, government officials, and the public to educate and raise awareness about the agency;
5. Limiting, in the Authority's discretion, the number and type of licenses issued as determined by public convenience and advantage;
6. Working with local law enforcement agencies to ensure compliance with the ABC Law;
7. Investigating licensees in connection with violations of the ABC Law;
8. Inspecting licensed premises where alcoholic beverages are manufactured or sold; and
9. Bringing disciplinary charges when appropriate.
The minimum requirements for eligibility to hold a liquor license are as follow:
1. Applicants must be U.S. citizens or have permanent resident alien status. In some cases, citizens of countries with reciprocal trade agreements may apply.
2. Applicants must be 21 or older.
3. Applicants must not be convicted felons (unless they have a Certificate of Relief from Civil Disabilities).
4. Applicants cannot be a police officer with arresting powers.
London / http://www.kingston. gov.uk/licensing and http://www.opsi.gov.uk/acts / acts2003/ukpga_20030017_ en_2#pt2-pb2-l1g5
The Licensing Act 2003 has been in place since the end of November 2005. The four objectives of the Licensing Act 2003 are:
1. Prevention of Crime and Disorder
2. Public Nuisance
3. Protection of Children from Harm
4. Public Safety
The licence application procedure requires:
1. An application form
2. A disclosure of convictions
3. A certified qualification which is the National Certificate for Personal Licence Holders
4. A criminality check: This must be no older than one month prior to application, and can be obtained either by requesting a personal Data Access check through your local Police station, or as a basic disclosure through the Scottish Criminal Bureau.
5. Two passport type photographs on of which is endorsed on the reverse by a person of local standing that it is a true likeness.
6. The fee of £37
Part 2, section 5, of the Licencing Act of 2003 stipulates that:
(1) Each licensing authority must in respect of each three-year period
(a) determine its policy with respect to the exercise of its licensing functions, and (b) publish a statement of that policy (a "licensing statement") before the beginning of the period.
(2) In this section "three-year period" means
(a) the period of three years beginning with such day as the Secretary of State may by order appoint, and (b) each subsequent period of three years.
(3) Before determining its policy for a three-year period, a licensing authority must consult
(a) the chief officer of police for the licensing authority's area,
(b) the fire authority for that area,
(c) such persons as the licensing authority considers to be representative of holders of premises licences issued by that authority,
(d) such persons as the licensing authority considers to be representative of holders of club premises certificates issued by that authority,
(e) such persons as the licensing authority considers to be representative of holders of personal licences issued by that authority, and (f) such other persons as the licensing authority considers to be representative of businesses and residents in its area.
(4) During each three-year period, a licensing authority must keep its policy under review and make such revisions to it, at such times, as it considers appropriate.
(5) Subsection (3) applies in relation to any revision of an authority's policy as it applies in relation to the original determination of that policy.
(6) Where revisions are made, the licensing authority must publish a statement of the revisions or the revised licensing statement.
(7) Regulations may make provision about the determination and revision of policies, and the preparation and publication of licensing statements, under this section.
Sydney / http://www.businesslawyers sydney.com.au/Liquor%20 Licensing.asp
Liquor Licensing in New South Wales is administered by the Department of Gaming & Racing, the Liquor Administration Board and the Licensing Court.
Common Types of Licences:
Caterer's Licence - this licence is required for premises where functions are held and liquor is served and also when a caterer serves liquor with food at a function.
Function Licence - a temporary or permanent licence can be obtained from the Licensing Court for liquor to be sold at special events.
Hotelier's Licence - this licence entitles the holder to sell liquor on premises with a retail shop and with the Court's approval can trade up to 24 hours a day.
Nightclub Licence - before a nightclub licence is granted, the applicant will need to obtain approval from the local authority such as the local council for the premises to be used as a place for public entertainment. The licence also has certain conditions attached to it if meals are also served at the premises.
Retail (Off-Licence) - the public can purchase liquor for consumption away from the premises.
Wholesale (Off-Licence) - this allows the holder to supply liquor to other outlets where liquor is sold or consumed.
Motel (On-Licence) - this allows the guest of a motel (without a licensed restaurant) to purchase and consume liquor in their motel rooms.
Restaurant (On-Licence) - the licensee is allowed to sell liquor to the diners for consumption with the food served at the premises. If the restaurant has a reception area endorsed on the licence then liquor can be consumed in that area before or after the meal. For a restaurant to serve patrons who wish to drink liquor without a meal a dine-or-drink authority is required. A licence is not required for restaurants offering BYO.
Basic Requirements
Education - any applicant for a liquor licence must complete one of the courses approved by the Liquor Administration Board. The course provides an understanding of the trading requirements as well as the relevant liquor laws.
Harm Minimisation - the licensee or the applicant is required to have in place responsible service of alcohol practices so as to minimize the harm associated with the misuse and abuse of liquor, e.g., violence and other anti-social behaviour.
Signage - the liquor laws require certain signage to be displayed at appropriate or prominent places on the premises where liquor is sold, supplied or consumed.
Application
New Licence - if the business is new, then an application can be made to the Licensing Court for the issue of a new licence subject to all the necessary requirements having been met.
Transfer of Existing Licence - if there is an existing business, then the purchaser of the business will need to have the appropriate licence transferred to the purchaser at the time of settlement of the purchase of the business.
In the Mongkok District of Hong Kong, the Commissioner of Police is the statutory authority for the issue of various types of licences and permits. He is also the Societies Officer. It is the responsibility of Police to ensure that the conditions under which the licences or permits are issued are enforced, and that the law is being complied with. The Police also have an advisory and enforcement responsibility for some licences issued by other Government Departments. On behalf of the Commissioner of Police, Police Licensing Office (PLO) is responsible for A) the issue of the following licences and permits:
Massage Establishment Licence
Pawnbroker's Licence
Temporary Liquor Licence
Arm's Dealer Licence
Arms' Possession Licence
Exemption Permit
Security Personnel Permit
Notifications of Public Procession and Public Meeting for cross-region events
B) societies registration; and C) liaison with other Departments on any licensing related matters, e.g.
Liquor Licence
Money Lender's Licence
Amusement Game Center Licence
Amusement with Prize Licence
Mahjong/Tin Kou Licence
Tomobola Licence
Public Dance Hall Licence
Lottery Licence
Mahjong/Tin Kau Establishment Licence
Mahjong/Tin Kau Assistants Permits
Approval for Assistants at Public Dancing Schools
Public Dancing School
Public Billiard Saloon, etc.
Case Study No. 1
Application for Renewal of Liquor Licence
Shop Sign
Applicant
Ms. Mak
This is an application for renewal of liquor licence by Ms. Mak. There are two additional licensing conditions imposed in the liquor licence of the premises;
(a) Endorsement of dancing and bar on the licence;
(b) Not more than 257 persons, including staff, shall be permitted on the premises at any one time;
2.
The 'Max' bar is invested by two shareholders. Although there is nothing suggesting that the applicant's integrity is in doubt.
3.
Moreover, high frequency of untoward incidents occurred during the reviewing period, the staffs also involved in some cases:
Date / Time
Incident
Details
2008-04-22
1616 hrs
Dispute
Shareholder Male CHAN disputed with his girl friend at the premises and her girlfriend was hurt and sent to hospital.
2008-05-25
0307 hrs
Fighting
A fighting report was made by a female who heard some noise of fighting, however the licensee stated that no such incident happened.
2008-05-31
0508 hrs
Information of dangerous drug
Informant reported that two males were trafficking in dangerous drug at the premises, nil result after police enquiry and sweeping.
2008-06-21
0035 hrs
Trafficking in a dangerous drug
Three males were arrested. Two of them were staff members of the premises. Total 28.6 gms of suspected crack cocaine and 21.9 gms of suspected Ketamine seized.
2008-06-28
0045 hrs
1) Permitting Person Under 18 to Drink Intoxicating Liquor On Licence Premises;
2) Failing to carry identity card
(60) 1) 6 underage customers were found in Room V7 in the premises with liquor served by the staff members of the premises. Summons action taken against the licensee;
(61) 2) A boy age under 18 failed to carry his identity, he was released after warning;
(62) 3) Two transparent re-sealable plastic bags with dangerous drug traces and a red opened tinfoil packet were seized in Room V10 in the premises;
(63) 4) A boy age under 18 was brought back to station for enquiry regarding the above offence (1). He was released after statement taking.
2008-07-12
0046 hrs
Breach of the Liquor Licence Condition No. 5
The wordings of the warning notice were different with the condition. Verbal warning given to the licensee.
2008-07-13
0210 hrs
Possession of dangerous drug
A male customer was arrested with 5.8 gms of suspected Ketamine seized. Police bails of AP extended to 2008-08-22.
2008-07-13
0326 hrs
Dangerous drug seized
Three re-sealable plastic bags containing suspected dangerous drugs, one $100 banknote wrapped with suspected dangerous drug, one $20 banknote wrapped with suspected dangerous drug, one cigarettes containing suspected dangerous drug and 3 pills wrapped by red tinfoil of suspected dangerous drug were seized in the premises.
2008-08-01
2330 hrs
1) Possession of dangerous drug
2) Breach of Curfew Order
1) A male customer aged 17 was arrested with 0.9 gms of suspected Ketamine seized.
2) A girl aged 15 was found in the premises that has breached the curfew order.
4. Obviously, it clearly indicated that the licensee is unable to manage, and is not a fit and proper person to manage the premises. Moreover, according to the statement of the applicant, she does not want to be the licensee of the premises anymore, she also revealed that she has no experience and is unable to manage this kind of premises. She also stated that this application was submitted by the agency company without notifying her. She declared that she has made the decision to quit the job as a licensee once the licence expired on 2008-10-02.
5.
In sum, it is undoubtedly certain that the licensee and the management team have the responsibility for the drugs activities detected in the premises and which reflect the poor management observed. The management has involved in the drugs activities which do not reflect a good composition capable of ensuring a decent and lawful business. There is grave doubt as to the sort of activities that is actually convened inside the premises in the name of a 'bar'. Moreover, the applicant declared that she would leave the company once the licence expired in Oct 2008, it indicated that there will be no licensee if the licence is renewed.
6.
This application is therefore turned down by the LLB on 23 September 2008.
CASE STUDY 2
Application for Renewal of Liquor Licence
Shop Sign
Oldway Karaoke Box
Applicant
Mr. WU
This is an application for renewal of the club liquor licence in respect of 'Oldway Karaoke Box.
2. For the reviewing period since the club liquor licence was renewed (from 2007-09-26 to 2008-06-18), police visited 31 times to the premises, including 11 licence checks and 20 times on various calls:
Date / Time (hrs)
Calls
2007-10-08 / 0502
2007-10-14 / 0139
2007-11-01 / 0452
2007-11-08 / 0446
2007-11-27 / 0323
2007-11-28 / 0345
2008-02-10 / 0303
2008-02-24 / 0256
2008-03-02 / 0242
2008-03-11 / 0452
2008-03-17 / 1204
2008-03-23 / 0007
2008-03-27 / 0210
2008-04-04 / 0420
2008-04-06 / 0459
2008-04-17 / 0302
2008-04-30 / 1445
Miscellaneous
Dispute
Dispute
Person Collapsed
Miscellaneous
Making off w/o payment
Dispute
Drunk Person
Dispute
Lost Property
Theft
Common Assault
Wounding 19
AOABH
Drunk Person
Dispute
Theft
2008-05-23 / 0213
2008-06-05 / 0305
2008-06-10 / 0314
Person Collapsed
Common Assault
Dispute
3. The incidents happened mainly during the small hours and most cases were related to the misbehaviour of customers while under the influence of alcohol. It has clearly reflected the poor management by the management team and the licensee's inability to exercise his statutory duties as a liquor licensee.
4. Although the applicant has become the licensee of the premises since March 2008, he has been working at the premises for over 3 years. Paragraph 2 has shown that the majority of incidents occurred between March and June 2008 during the period when the applicant has been the licensee of the premises. Therefore, he could not claim immune to the untoward incidents that have frequently occurred inside the premises. In view of above, the applicant is not considered to be a fit and proper person to hold liquor licence.
5.
The application is rejected by the LLB on 29 July 2008. The licensee later appealed against the LLB. On 12 November 2008, the Municipal Services Appeals Board (MSAB) dismissed the appeal.
CASE STUDY 3
Application for Transfer and Renewal of Liquor Licence
Shop Sign
Kam Night Club
Applicant
Ms. CHENG
This is the application for Transfer and Renewal of liquor licence by Ms. CHENG in respect of 'Kam Night Club. The current licence was granted for three months in last renewal, which covered the period from 2009-01-27 to 2009-04-26. The reason of this transfer is the performance of the current licensee, Mr. CHOW who is not accepted by the company.
2.
After receiving the application from SP Licensing, the applicant was contacted and she promised to provide the relevant documents and report to police for the process of her application a few days later. However, she did not turn up on that date and was out of contact. Upon our request, an officer of another police station visited the applicant at her residence. The applicant finally contacted this office. Obviously, she is reluctant to co-operate with police and is not a responsible person as the transferee.
3.
On 2009-03-13, the applicant arrived at Mongkok Police Station, after enquiry, she stated that the application form was not completed by her but by a female manager of the premises named 'Winnie'. The applicant was invited to come to station again with F/Winnie to clarify the situation. However, she has been out of contact since. Definitely, I have grave doubt on the applicant's credibility, honesty and responsibility
4.
For the period under review, police conducted four licence checks at the premises, numbers of irregularities and arrests were as follows:
S/N
Date / Time
Remarks
1.
2009-07-25
Breach of the liquor licence condition No. 7
The licensee pleaded not guilty to the offence. However, he was finally convicted and fined HK$15,000.
2.
2008-11-07
1600 hrs
Possession of dangerous drug
During Licence Check, two plastic bags containing traces of powder containing Ketamine and a roll of plastic straw containing traces of a powder containing Ketamine were found in one female employee's possession.
The employee pleaded guilty but failed to appear court again for sentence that she is now wanted by court.
3.
2008-12-05
1748 hrs
During Licence Check, the fire escape near the main entrance was locked. Case has been referred to Fire Service Department for follow up action.
4.
2009-02-10
1938 Hrs
1) Managing a Vice Establishment
2) Assisting in the management of a Vice Establishment
The current licensee M/CHOW was arrested for offence 1, while another two female managers of the premises were both arrested for offence 2 respectively. M/CHOW pleaded not guilty the offence, the case was adjourned for trial.
5.
2009-02-15
2220 hrs
1) Bookmaking
2) Betting with a Bookmaker
A male manager of the premises was arrested for the above offences.
5.
The current licence was granted for three months only in last renewal in order to closely monitor the performance of the licensee, however, the above convictions and poor track record clearly reflected the poor management of the licensee and the management team. There is a grave doubt that the sorts of activities were actually convened inside the premises. Moreover, the applicant is found dishonest and not responsible to be the transferee, she is considered NOT a fit and proper person to hold a liquor licence.
6.
As a result, the LLB rejected the application on 14 April 2009.
CASE STUDY 4
Application for Transfer and Renewal of Liquor Licence
Shop Sign
Golden Night Club
Licensee
Mr. WONG
Applicant
Mr. LEE
Police cast serious doubt, as there have been eight observations of immoral activities taking place thereat since September 2005. For details, please see the below table for your reference. As a result, only a less-than-full term liquor licence was granted at the last two licence renewals.
2.
Between 2005 and 2009, police conducted licence checks at the premises with the following irregularities observed:
Incident
Result
2005-09-24
Breach of liquor licence condition no.7
Verbal warning
2005-10-20
Breach of liquor licence condition no.7
Verbal warning
2005-12-06
1) Breach of liquor licence condition no.7
2) Obstruction at fire exit
Verbal warning
2006-04-13
Breach of liquor licence condition no.7
Verbal warning
2006-07-08
Breach of liquor licence condition no.7
Verbal warning
2007-05-29
Breach of liquor licnece condition no.7
Warning letter issued on 2007-06-08.
2007-06-04
Breach of liquor licence condition no.7
Summons action was taken. The defendant was fined HK$10,000.
2007-10-12
Breach of liquor licence condition no.7
Summons action was taken. The defendant was sentenced to 3 months imprisonment, suspended for 2 years and fined $20,000HKD
2008-09-12 / 2135
1) Breach of licence condition no.7
2) Operating karaoke business without KE permit
Warning letter was served to the liquor licensee
2008-12-02 / 1430
Breach of licence condition no.7
The licensee was fined HK$12,000 by the court
2008-12-18 / 2330
Breach of licence condition no.7
Warning letter was served to the liquor licensee
2009-01-16 / 1625
Breach of licence condition no.7
Warning letter was served to the liquor licensee
3.
The licensee has also been employed as the supervisor of the premises since 2002-06-01 and became the liquor licensee in February 2008, therefore, he could not claim immune to the occurrence of all past immoral activities. Instead, he should be held responsible for the poor management in exercising his statutory duties despite the fact that he was repeatedly warned.
4.
During the reviewing period, the applicant Mr. LEE applies for the transfer of liquor licence. Statement revealed that he was the liquor licensee of the premises during the period between 2004 and 2005. No apparent management structure has been changed. According to police records, he and the staff members of the premises were arrested for "Managing a Vice Establishment" in 2005 when he was the liquor licensee. Although he was released after investigation, immoral activities continued to recur at the premises evidently and they reflected his inability on the management of the premises in a decent and moral manner.
5.
On the other hand, you may wish to note that the previous licence had been transferred four times within three employees between 1997-2008. It reflected that the management team had adopted a relax attitude in supervising the premises even though the licensee had been repeatedly changed. Also, police have grave serious doubt that it is only a mere attempt to mitigate the poor track record taking place on the premises in order to renew the liquor licence by the LLB.
6.
Under such circumstances, both the licensee and the applicant are considered not a fit and proper person in holding the liquor licence. The applications are turned down by the LLB on 7 April 2009
Liquor Licensing Board
Letter for an Interview with the Chairman
List of Questions:
1.
How do you adopt an open, transparent and fair approach to deal with applications?
2.
How do you balance the interests of commercial activities and the lifestyles of the locality?
3.
How do you value the views of local residents and enforcement agencies?
4.
What do you define the public interest when granting a licence?
5.
What are the priorities to be considered for a new issue/renewal of a licence?
6.
What is a fit and proper person to hold the licence?
7.
How do you weigh up the pros and cons of the following issues:
Pros
Social life
Leisure culture
Freedom & enjoyment
Economic growth
Employment rate
Commercial activities
Cons
Licensed premises within residential building
Fire hazard
Overcrowding
Underage drinker
Intoxicated consumer, binge drinking
Recurrence of crimes, violence, & nuisances
Social costs
8.
LLB Meeting
9.
Members of the LLB
10.
Appeal at MSAB
11.
Number of liquor licensed premises in Hong Kong
Future policies when Hong Kong as a financial centre?
Reply:
I received a written reply dated 12 March 2009.
The Chairman of the Liquor Licensing Board (LLB) directed his secretary to reply to me on his behalf:
The LLB is established in accordance with the Dutiable Commodities (Liquor) Regulations as an independent statutory body to consider applications for liquor licences. Under Regulation 17(2) of the Dutiable Commodities (Liquor) Regulations, the LLB shall not grant or renew a liquor licence unless it is satisfied that the applicant is a fit and proper person to hold the licence; the premises to which the application relates are suitable for selling or supplying intoxicating liquor, having regard to the location and structure of the premises, and the fire safety and hygienic conditions in the premises.
In all the circumstances the grant of the licence is not contrary to the pulbic interest.
In view of the LLB's quasi-judicial operation mode, it would not be appropriate for individual Board member to comment or express his/her views on matters relating to the granting and policing of liquor licence in Hong Kong. We regret to inform that the Chairman will decline to participate in your interview.
Police Licensing Office
Interview of Chief Inspector at Police Headquarters on 30 March 2009
List of Questions:
1. How do you adopt an open, transparent and fair approach to deal with applications?
2. How do you balance the interests of commercial activities and the lifestyles of the locality?
3. How do you value the views of local residents and enforcement agencies?
4. What do you define the public interest when granting a licence?
5. What are the priorities to be considered for a new issue/renewal of a licence?
6. What is a fit and proper person to hold the licence?
7. How do you weigh up the pros and cons of the following issues:
Pros
Social life
Leisure culture
Freedom & enjoyment
Economic growth
Employment rate
Commercial activities
Cons
Licensed premises within residential building
Fire hazard
Overcrowding
Underage drinker
Intoxicated consumer, binge drinking
Recurrence of crimes, violence, & nuisances
Social costs
8. Establishment of Police Licensing
9. Police objections
10. Grant of licences in 2007 & 2008
11. Number of liquor licensed premises in Hong Kong
12. Future policies when Hong Kong as a financial centre?
Reply:
1. There is a set of procedure in handling liquor license application. Irrespective of the nature, location and mode of business, all applications are processed in accordance with the law, ie. Cap. 109B, Dutiable Commodities (Liquor) Regulations of the Laws of Hong Kong. Accordingly, comments from respective stakeholders in the police perspective will be taken into account and documented. A conclusive decision will be made and forwarded to LLB for consideration. All Police stakeholders will be informed of the decision made by the Police Licensing Office and subsequent results from the LLB. All issues of interest will be made openly in the public hearing if necessary.
2. In consideration of any applications for liquor licensing, police will be commented upon and put into perspective of maintaining law and order. Whilst balancing the interests of the trades, we have to ensure the livelihood of individual is not disturbed or affected by the establishment of any liquor license premises. Again, we weight significantly in terms of maintaining law and order but strike a balance in the perspective of the trades.
3. The views of local residents in the context of liquor license application rest with the District Council. Consultation is made through an established channel from the District Council to LLB in any applications of liquor license. Nevertheless, police will take into account local affairs, which are in association with individual liquor license premises and bring up to LLB for consideration. The local affairs often include issues such as complaints or comments made by the local residents. Furthermore, it has stipulated in S.17(5) of Cap. 109B, Dutiable Commodities (Liquor) Regulations, the Laws of Hong Kong, that the residents of the premise can raise an appeal to the Municipal Services Appeals Board against any decision made by the LLB. Apart from local affairs, all other comments raised by other enforcement agencies, apart from police, should be taken into consideration by the LLB in accordance with the Laws of Hong Kong.
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