Dutiable Commodities (Liquor) Regulations
[24 April 1970]
(Format changes—E.R. 3 of 2015)
These regulations may be cited as the Dutiable Commodities (Liquor) Regulations.
In these regulations, unless the context otherwise requires—
bar (酒吧) means any place exclusively or mainly used for the sale and consumption of intoxicating liquor; Board (酒牌局) means the Liquor Licensing Board established under regulation 2A; (78 of 1999 s. 7) club liquor licence (會社酒牌) means a club liquor licence issued under regulation 26; licensed premises (領有牌照處所) means the premises specified in a liquor licence on which the sale of intoxicating liquor is permitted pursuant to the licence; licensee (持牌人) means a person holding a liquor licence and also means— (a)a person authorized to manage any licensed premises under regulation 24; and (b)in the case of a club liquor licence, a person nominated by the club under regulation 26(2); liquor licence (酒牌) includes a club liquor licence; Municipal Services Appeals Board (市政服務上訴委員會) means the Municipal Services Appeals Board established under section 3 of the Municipal Services Appeals Board Ordinance (Cap. 220); (78 of 1999 s. 7) prescribed fee (訂明費用) means the fee prescribed by the Schedule to the Dutiable Commodities Regulations (Cap. 109 sub. leg. A) or, the fee prescribed by the Secretary for Environment and Ecology under section 6A of the Ordinance, as the case may require; (19 of 1973 s. 54; L.N. 140 of 1987; 48 of 1994 s. 4; 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022) secretary (秘書), in relation to a club, includes any officer of the club or other person performing the duties of the secretary; temporary liquor licence (臨時酒牌) means a temporary liquor licence issued under regulation 25.(Repealed 46 of 1996 s. 34)
There is established a board to be known as the Liquor Licensing Board.
The Board is to consist of—
a Chairman;
a Vice Chairman; and
9 other members,
appointed by the Chief Executive.
A public officer may not be appointed under paragraph (2).
A person appointed under paragraph (2) is to hold and vacate office in accordance with that person’s terms of appointment.
The Secretary for Environment and Ecology may appoint a secretary to the Board and other staff as the Secretary considers necessary. (L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
The Secretary for Environment and Ecology may appoint a legal adviser to advise on legal matters relating to an application and the legal adviser may be present at any hearing before the Board or deliberations of the Board to so advise the Board. (L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(Repealed 78 of 1999 s. 7)
(Repealed 78 of 1999 s. 7)
(Repealed 19 of 1973 s. 54)
(Repealed 19 of 1973 s. 54)
(Repealed 19 of 1973 s. 54)
(Repealed 19 of 1973 s. 54)
(Repealed 19 of 1973 s. 54)
(Repealed 19 of 1973 s. 54)
(Repealed 19 of 1973 s. 54)
(Repealed 19 of 1973 s. 54)
The Board shall meet as often as may be necessary for the transaction of licensing business. (78 of 1999 s. 7)
The Board may in its discretion determine any matter by circulation of papers to its members.
A resolution in writing so circulated and approved in writing by a majority of the members shall be valid and of the same effect as if it had been passed at a meeting of the Board, but, if the opinion of the members on any such matter is equally divided, the matter shall be referred to the next meeting of the Board.
The Board may delegate any power or function of the Board to a committee of the Board, a member of the Board or a public officer.
The quorum for a meeting of the Board is not less than half its members for the time being.
The Chairman or Vice Chairman appointed under regulation 2A(2) must preside at any meeting of the Board.
All questions arising at any meeting of the Board shall be determined by a majority of votes of the members present.
In the case of an equality of votes the person presiding shall have a second or casting vote. (78 of 1999 s. 7)
The Board may determine the procedure for meetings of and applications to the Board including the manner of making, hearing and determining applications and the documents to be lodged or served in connection with applications.
Any person seeking a liquor licence, or any renewal, transfer or amendment thereof, shall make application in writing to the Board in accordance with the form determined by the Board. (46 of 1996 s. 35; 78 of 1999 s. 7)
The applicant shall furnish to the Board—
the particulars specified in the application form, and such other particulars as the Board may require;
such references to character as are required in the application form; and
such particulars as the Board may require of any person other than the applicant who may have charge of the premises to be licensed.
In this regulation—
liquor licence (酒牌) does not include a temporary liquor licence.The Board shall in every case, at least 2 weeks before it meets to consider an application, cause advertisement to be made at the expense of the applicant, in such manner as the Board may decide, setting forth the name and address of the applicant and the address and proposed name of the premises to which the application relates.
Upon application the Board may grant a liquor licence without conditions or subject to such conditions as it thinks fit, or refuse the application.
The Board shall not grant a liquor licence unless it is satisfied—
that the applicant is a fit and proper person to hold the licence;
that 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;
that in all the circumstances the grant of the licence is not contrary to the public interest.
The Board must give reasons in writing—
for any decision on an application in respect of which there is an objection; or
for any decision to refuse an application.
The secretary to the Board appointed under regulation 2A(5) must give notice in writing of the Board’s decision, together with reasons, to the applicant and any other person who or body which has expressed an interest in the application.
The applicant or 20 or more persons residing within a radius of 400 metres from the premises to which the application relates may, within 28 days after the date of the notice under paragraph (4), appeal to the Municipal Services Appeals Board against the decision.
No person may be granted more than one liquor licence which is not a club liquor licence.
Where an application is refused under regulation 17(1) or a liquor licence is revoked under regulation 23(1), the Board shall refuse to consider any further or other application for a liquor licence in respect of the premises concerned within a period of 12 months after the date of refusal or revocation—
by the former applicant or by the person whose licence was revoked; or
by any other person, unless such person satisfies the Board, by furnishing to the Board such particulars as it may reasonably require, that he is not acting on behalf of the former applicant or the person whose licence was revoked, as the case may be.
Where the Board refuses to consider an application by a person referred to in paragraph (1)(b), the secretary to the Board must give notice in writing of the refusal, together with reasons, to the person and the person may appeal to the Municipal Services Appeals Board against the refusal within 28 days after receiving the notice. (58 of 1990 s. 22; 78 of 1999 s. 7)
As soon as practicable after the granting of an application for a liquor licence or any renewal thereof, the Board shall, upon payment to the Director of Accounting Services of the prescribed fee , issue to the applicant a liquor licence. (L.N. 16 of 1977; 39 of 1985 s. 60; L.N. 20 of 2015)
(Repealed 39 of 1985 s. 60)
A liquor licence shall be valid for a period of 2 years or such lesser period as the Board shall determine, commencing from the date on which it is granted or such other subsequent date as the Board may determine. (L.N. 149 of 1975; L.N. 320 of 1983; 78 of 1999 s. 7; L.N. 20 of 2015)
(Repealed L.N. 20 of 2015)
A liquor licence shall be subject to any conditions imposed under regulation 17.
Upon application in writing as required by the Board, the Board may exercise the same powers in relation to the transfer of liquor licences as are conferred by section 7 of the Ordinance, and, upon payment of the prescribed fee, particulars of such transfer shall be endorsed by the Director of Accounting Services on the licence.
The Board may revoke or suspend for any period it thinks fit or refuse to renew any liquor licence on proof to its satisfaction of an offence against the Ordinance, whether any person has been convicted of such offence or not. (L.N. 35 of 1979; 78 of 1999 s. 7)
Without limiting paragraph (1), the Board may revoke, suspend or refuse to renew a liquor licence, if in its opinion—
the person holding the licence has failed to comply with any condition of the licence;
the person holding the licence has ceased to be a fit and proper person to hold the licence;
the premises specified in the licence have ceased to be suitable for selling or supplying intoxicating liquor, for reasons connected with—
the location and structure of the premises;
the fire safety and hygienic conditions in the premises; or
public interest so requires. (78 of 1999 s. 7)
The secretary to the Board must give notice in writing, together with reasons, of a decision under this regulation to the person concerned. (78 of 1999 s. 7)
A person may appeal to the Municipal Services Appeals Board against any decision of the Board under this regulation within 28 days after receiving notice of the decision. (78 of 1999 s. 7)
In the case of illness or temporary absence of the holder of a liquor licence, the holder may make an application in writing to the secretary to the Board for an authorization under this regulation.
On receiving an application under paragraph (1) and on payment of the prescribed fee, the secretary to the Board may authorize a person to manage the applicant’s licensed premises for a period that the secretary thinks fit.
Subject to paragraph (4), a period, or the aggregate of the periods, authorized under paragraph (2) in relation to a liquor licence must not exceed 25% of the number of days of the validity period of the licence.
For a liquor licence with a validity period of more than 1 year—
each period authorized under paragraph (2) must not exceed 90 days; and
the aggregate of the periods authorized under paragraph (2) must not exceed 90 days within any 12 consecutive months in the validity period.
A person who is authorized under paragraph (2) to manage an applicant’s licensed premises is, during the period for which the person is so authorized, regarded as the licensee of the premises.
For calculating under paragraph (3) the maximum number of days that may be authorized under paragraph (2), a fraction of a day is to be counted as a full day.
The Commissioner of Police may, on payment of the prescribed fee and subject to such conditions as he thinks fit, issue to the holder of a liquor licence a temporary liquor licence for the retail sale of liquors at any public entertainment or on any public occasion.
(Repealed 78 of 1999 s. 7)
The sale of liquor is prohibited except on the authority of a liquor licence or a temporary liquor licence—
at any premises for consumption on those premises; or
at a place of public entertainment or a public occasion for consumption at the place or occasion.
No liquor shall be supplied at any premises used by any club for the purposes of the club to any member of the club except under and in accordance with a club liquor licence.
Upon application by the secretary of a club in accordance with the form determined by the Board, the Board may, on payment of the prescribed fee and subject to such conditions as it thinks fit, issue a club liquor licence to the secretary or other person nominated by the club for the purpose. (78 of 1999 s. 7)
(Repealed 78 of 1999 s. 7)
A person holding a liquor licence must display his full name and the nature and number of his licence in legible and permanent marking in letters and characters at least 75 mm high in a conspicuous place on his licensed premises. (78 of 1999 s. 7)
A person who is not the holder of a liquor licence must not display a sign that is reasonably calculated to suggest that he is the holder of a liquor licence and that the premises are licensed for the sale or supply of intoxicating liquors for consumption on the premises or that liquor is sold or supplied for consumption on the premises.
The Board may determine the form of any licence granted by it under these regulations.
If a person makes an application under regulation 15(1), 24(1) or 26(2) in the form of an electronic record, the requirement for a signature in the application is satisfied by—
a digital signature of the person; or
a password assigned or approved under paragraph (2).
The Board may, for enabling a person to make an application under regulation 15(1), 24(1) or 26(2) in the form of an electronic record, assign or approve any sequence or combination of letters, characters, numbers or symbols as the person’s password.
In this regulation—
digital signature (數碼簽署) has the meaning given by section 2(1) of the Electronic Transactions Ordinance (Cap. 553).(Repealed L.N. 124 of 1988)
A licensee must not permit a minor to drink any intoxicating liquor on any licensed premises.
No licensee shall employ, or permit the employment of, on or about the licensed premises, or in connection with the business carried on therein—
at any time any person under the age of 15 years; or (L.N. 223 of 1980)
between the hours of 10 p.m. and 6 a.m. any minor; or (L.N. 74 of 1982)
between the hours of 6 a.m. and 10 p.m. any minor except with the written permission of the Board. (L.N. 74 of 1982; L.N. 329 of 1996; L.N. 467 of 1996; 10 of 2018 s. 6)
If the Board refuses permission for the purposes of paragraph (1)(c), the Board must give reasons in writing for the refusal. (78 of 1999 s. 7)
Any licensee aggrieved by the Board’s refusal to grant permission for the purposes of paragraph (1)(c) may appeal to the Municipal Services Appeals Board within 28 days after receiving notice of the refusal. (L.N. 74 of 1982; 58 of 1990 s. 22; 78 of 1999 s. 7)
For the purposes of paragraph (1) a person shall be deemed to be employed, or permitted to be employed, by the licensee for whom he works on or about the licensed premises notwithstanding that—
he receives no wages, commission or other advantage from the licensee; or
any services offered by the employee are to be performed elsewhere than on the licensed premises.
Any person who contravenes regulation 28 or 29 shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months.
If any liquor is supplied to a member of a club in contravention of regulation 26, the secretary of the club or other person nominated under that regulation, as the case may be, shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months.
Any person who contravenes regulation 27 shall be guilty of an offence and shall be liable on conviction to a fine at level 4.
A person who contravenes regulation 26A is guilty of an offence and liable on conviction to a fine of $1,000,000 and to imprisonment for 2 years. (L.N. 453 of 1996)
Any police officer may enter at any hour of the day or night every part of any premises or place in respect of which a liquor licence is in force.
If a police officer finds any person drinking intoxicating liquor in any premises or place in which such liquor is sold by retail, and a liquor licence or a temporary liquor licence in respect of such premises or place is not, on demand, produced to him, the police officer may arrest any person found drinking therein.
Every such person shall, if such place is in fact unlicensed, be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (L.N. 338 of 1995)
Any application under these regulations made to a former board pending immediately before the commencement date is to be treated as a new application made to the Board under these regulations as amended by the amendments and is to be disposed of by the Board accordingly.
Any reference in these regulations to the prescribed fee includes a reference to a fee continued in force under section 9(2) of the Provision of Municipal Services (Reorganization) Ordinance (Cap. 552) as if prescribed under section 6A of the Ordinance, until that fee is replaced under that section 6A.
In this regulation—
the amendments (有關修訂) means amendments made by the Provision of Municipal Services (Reorganization) Ordinance (Cap. 552) to these regulations; commencement date (生效日期) means the date on which the amendments come into operation; former board (前酒牌局) means a body which immediately before the commencement date had authority to determine an application made under regulation 15.Regulation 20 as in force immediately before 3 August 2015 applies in relation to an application for the issue of a liquor licence that is pending immediately before that day.
For an application for the renewal of a liquor licence that is pending immediately before 3 August 2015—
regulation 20 as in force immediately before that day applies if the licence expires on or before 1 August 2015; and
regulation 20 as in force on 3 August 2015 applies if the licence expires on or after 2 August 2015.
Regulation 24 as in force immediately before 3 August 2015 continues to apply in relation to a liquor licence the validity period of which begins before that day and the expiry date of which falls on or after 3 August 2015.
(Part 5 added 10 of 2018 s. 7)
In this Part—
domestic premises (住宅) means any premises that have been constructed to be used, and are used, as a private dwelling; face-to-face distribution (當面分發) means a sale or supply of intoxicating liquor to a person where— (a)the person comes into face-to-face contact with the seller or supplier, or an employee or agent of the seller or supplier who has the authority to conduct the sale or supply, at a place; and (b)the person—(i)takes possession of the liquor at the place; or(ii)requests, at the place, the delivery of the liquor to another place; function (職能) includes a power and a duty; inspector (督察) means a person appointed under regulation 43(1); place (地方) includes a licensed premises, but does not include an aircraft or a train; prescribed notice (訂明通知) means the notice prescribed in the Schedule; proof of identity (身分證明文件) has the meaning given by section 17B(1) of the Immigration Ordinance (Cap. 115); remote distribution (遙距分發) means a sale or supply of intoxicating liquor otherwise than in a face-to-face distribution.A person must not sell intoxicating liquor from a vending machine.
A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine at level 5.
A person must not, in the course of business, sell or supply intoxicating liquor to a minor.
For the purpose of paragraph (1), a person is not regarded as selling or supplying intoxicating liquor only by delivering the liquor if the person—
delivers the liquor in the course of business for another person who—
sells or supplies the liquor; and
is not the employer of the first-mentioned person; and
is not otherwise involved in the sale or supply of the liquor.
A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine at level 5.
To avoid doubt, if a person sells a product that is not intoxicating liquor but that is accompanied by intoxicating liquor as a gift, the person supplies the liquor.
This regulation applies if a person is charged with an offence under regulation 37 in relation to a face-to-face distribution.
If a person is charged because of the person’s act, it is a defence for the person to establish that, before the intoxicating liquor was sold or supplied, the person—
inspected a proof of identity purporting to be the proof of identity of the purchaser or recipient of the liquor; and
reasonably satisfied himself or herself, because of the inspection, that the purchaser or recipient was not a minor.
If a person (defendant) is charged because of another person’s act, it is a defence for the defendant to establish that, before the intoxicating liquor was sold or supplied, the defendant had taken reasonable measures to prevent intoxicating liquor from being sold or supplied by that other person in the course of business to a minor in a face-to-face distribution.
This regulation applies if a person is charged with an offence under regulation 37 in relation to a remote distribution.
If a person is charged because of the person’s act, it is a defence for the person to establish that, before the intoxicating liquor was sold or supplied—
the person received a declaration to the effect that the purchaser or recipient of the liquor had reached the age of 18 years; and
there was no circumstance that caused the person to reasonably suspect that the declaration was false.
If a person (defendant) is charged because of another person’s act, it is a defence for the defendant to establish that, before the intoxicating liquor was sold or supplied, the defendant had taken reasonable measures to prevent intoxicating liquor from being sold or supplied by that other person in the course of business to a minor in a remote distribution.
A person charged with an offence under regulation 37 is taken to have established a fact that needs to be established for a defence under regulation 38 or 39 if—
there is sufficient evidence to raise an issue with respect to the fact; and
the contrary is not proved by the prosecution beyond reasonable doubt.
Subject to paragraphs (2) and (3), a person who, in the course of business—
sells or supplies intoxicating liquor in a face-to-face distribution at a place; or
offers to do so,
must ensure a sign containing both the Chinese version and English version of the prescribed notice is displayed in a prominent position at the place.
The sign must be rectangular in shape with sides of at least 38 cm in length and 20 cm in width.
The prescribed notice contained in the sign must—
be in plain and readily legible characters and letters; and
be set out in characters and letters of a colour that contrasts with the background on which they appear.
A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine at level 4.
Subject to paragraphs (2) and (3), a person who, in the course of business, offers to sell or to supply intoxicating liquor by way of a remote distribution must ensure the offer—
if published in the form of a visual image (including text) or a series of moving visual images—contains both the Chinese version and English version of the prescribed notice;
if published in the form of a sound recording, or an oral communication, expressed in Chinese—includes the contents of the Chinese version of the prescribed notice; or
if published in the form of a sound recording, or an oral communication, expressed in a language other than Chinese—includes the contents of the English version of the prescribed notice.
The prescribed notice referred to in paragraph (1)(a) must be reasonably legible.
Paragraph (1)(a) does not apply to an offer by a person in the form of a visual image (including text) or a series of moving visual images if—
the visual image or images were prepared before the commencement of this regulation; and
it is not reasonably practicable for the person to—
retract the image or images; or
amend the image or images to contain both the Chinese version and English version of the prescribed notice.
A person must not, in the course of business, by the person’s own act, sell or supply intoxicating liquor to another person in a remote distribution unless, before the sale or supply—
the person receives a declaration to the effect that the other person has reached the age of 18 years; and
there is no circumstance that causes the person to reasonably suspect that the declaration is false.
A person must not, in the course of business, by another person’s act, sell or supply intoxicating liquor, to a third person in a remote distribution unless the person has taken reasonable measures to ensure that the other person only sells or supplies the liquor after receiving a declaration to the effect that the third person has reached the age of 18 years.
A person who contravenes paragraph (1), (4) or (5) commits an offence and is liable on summary conviction to a fine at level 4.
The Secretary for Environment and Ecology may, in writing, appoint a public officer to be an inspector to perform any function under this Part. (L.N. 144 of 2022)
An inspector must, if so required, produce written proof of his or her appointment before performing a function under this Part.
An inspector may do all or any of the following—
at any reasonable time enter and inspect an area in a distribution point as the inspector considers necessary to ascertain whether this Part is complied with;
require any person to give his or her name and address and to produce proof of identity if the inspector reasonably suspects that the person has committed an offence under this Part;
require any person to give his or her name and address and to produce proof of identity if the inspector reasonably suspects that—
the person is a minor; and
intoxicating liquor has been sold or supplied to the person in the course of business;
seize, remove or detain anything that appears to the inspector to be evidence of an offence under this Part;
take samples of intoxicating liquor or anything that the inspector may reasonably require for analysis;
take photographs or make sound or video recordings for obtaining evidence in connection with an offence under this Part;
require any person to produce for inspection documents or records under the person’s control to enable the inspector to obtain information in connection with an offence under this Part;
make copies of all or any part of the documents or records;
require any person to provide the inspector with the assistance or information the inspector considers necessary to enable the inspector to perform his or her function under this Part.
In this regulation—
distribution point (分發地點) means a place (other than domestic premises) where intoxicating liquor is or has been sold or supplied in the course of business; documents or records (文件或紀錄) includes any information which is recorded in a non-legible form but is capable of being reproduced in a legible form.A person must not—
delay, obstruct, hinder or molest—
an inspector who is performing a function under this Part; or
any person who aids the inspector;
refuse the request of an inspector made in the performance of a function under this Part;
refuse to give his or her name and address or to produce proof of identity when required to do so by an inspector; or
give a false or misleading name or address when required to give his or her name and address by an inspector.
A person who contravenes paragraph (1) commits an offence and is liable on summary conviction to a fine at level 3.
If an inspector seizes any property while performing a function under this Part, section 102 of the Criminal Procedure Ordinance (Cap. 221) applies as if—
a reference to police in that section includes the inspector; and
the property were property that had come into possession of the police in connection with an offence.
An inspector is not personally liable for any act done or omitted to be done by the inspector if the inspector did or omitted to do an act in the honest belief that the act or omission was required or authorized by or under this Part.
Paragraph (1) does not affect any liability of the Government for the act or omission of the inspector.
Chinese version:
根據香港法律，不得在業務過程中，向未成年人售賣或供應令人醺醉的酒類。
English version:
Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business.
(Schedule added 10 of 2018 s. 7)