Miscellaneous Licences Regulations
[27 October 1933]
(Format changes—E.R. 6 of 2024)
These regulations may be cited as the Miscellaneous Licences Regulations.
In these regulations, unless the context otherwise requires—
Building Authority (建築事務監督) has the same meaning as it has in section 2 of the Buildings Ordinance (Cap. 123); (L.N. 391 of 1984) licensing authority (發牌當局) means the officer authorized to issue a licence under the Ordinance; premises (處所) means, unless the contrary appears, the premises for which any licence has been or is sought to be granted under the Ordinance.The officers authorized to issue licences, and the fees prescribed for such licences, and the periods for which such licences shall be issued shall be as set forth in the First Schedule.
A licence may be renewed by the endorsement of the renewal thereof by the licensing authority on the original licence, and each renewal shall be subject to the same fee as the fee prescribed by these regulations for such licence.
The licensing authority may, on sufficient cause being shown to his satisfaction and subject to such conditions as he may think fit to impose, permit—
the transfer of an existing licence until its expiration to another person; or
the transfer of an existing licence until its expiration to different premises,
and such transfer shall be endorsed on the licence.
If the licensing authority is satisfied that a licence granted or transferred to any person under the provisions of the Ordinance—
has been lost or destroyed, or accidentally defaced; or
requires amendment,
he may, upon payment of a fee of $50, issue to such person a duplicate of the licence or make the amendment, as the case may be. (L.N. 320 of 1984)
The licensing authority may refuse to grant or renew a licence, or may revoke a licence granted—
to a person under the age of 21 years;
to any person who may be unsuitable to hold such licence;
in respect of any premises which are unsuitable for the purposes for which the licence is required or held, or in which the accommodation or provision for treatment, where such is the purpose of the licence, is not reasonably adequate or suitable;
in respect of any premises which have been or are being improperly conducted;
in respect of any premises in which any curative treatment is or may be administered by any person who does not possess such technical qualifications as may be reasonably necessary;
in respect of any premises in which no adequate provision against fire has been made;
in respect of any premises which are being conducted in contravention of the provisions of the Ordinance, or any regulation made thereunder; and
to any person or in respect of any premises, if such refusal or revocation in his opinion be expedient in the public interest.
Upon any breach of the Ordinance or any regulation or condition of a licence the licensing authority may in his discretion peremptorily revoke the licence, whereupon the same shall forthwith cease to be valid.
In all other cases, the licensing authority shall not refuse to renew or shall not revoke a licence unless he has given to the person applying for the licence or holding the licence proposed to be revoked not less than 7 days’ previous notice either personally or in writing that objections have been or will be taken to such renewal or that a revocation is proposed. Such written notice as aforesaid may be given by post to the applicant at the premises or at his last address as shown in any register of licences kept by the licensing authority.
Nothing in this regulation contained shall be construed as limiting in any way the discretion of the licensing authority contained in section 5 of the Ordinance.
(Repealed 6 of 1994 s. 42)
Subject to the approval of the Chief Executive in Council, the licensing authority may impose such special conditions in respect of any licence as the circumstances may require.
No person shall alter, deface, or make any erasure on a licence, and no person shall use, or have in his possession with a view to use, a licence on which an erasure has been made, or which has been altered or defaced in any way.
A person requiring a licence or the renewal or any extension of such licence shall make application either personally or in writing to the licensing authority and in such form as he may direct and shall when making the same pay to the licensing authority the licence fee prescribed by these regulations.
If the licensing authority refuses to grant or renew a licence, the licence fee shall be refunded, or if he revokes a licence except on the ground of misconduct, a part of such fee shall be refunded to the applicant or licensee.
The part of the fee so refunded shall bear to the whole fee the same proportion as the unexpired part of the term for which the licence was granted bears to the whole term.
No refund shall be made in respect of any period during which a licence shall have been in force.
Every licence shall expire on the day fixed by these regulations or named in such licence, or if no day be fixed then on the day which, in the year following, corresponds to the day on which such licence was granted, or renewed.
Every licence may on its expiration be renewed for further periods not exceeding 1 year at a time.
When a licence has been granted to any person or persons to carry on any trade, business or occupation at any premises, such person or persons shall not carry on any such trade, business or occupation at any other premises without the appropriate licence for such other premises and the written approval of the licensing authority.
No licence granted to any person under the Ordinance to carry on any trade, business or occupation on board ships shall authorize such person to go on board any ship without the permission of the master or officer in charge of such ship.
Any person who contravenes any of the provisions of regulation 10, 15, 16, 59, 60, 61, 62, 63, 64, 65, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78(1), 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127 or 128(1), commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(L.N. 301 of 1976; 54 of 1978 s. 3; L.N. 86 of 1982; 53 of 1983 s. 18; 64 of 1993 s. 24; 11 of 1995 s. 18; 13 of 1995 s. 2; L.N. 587 of 1995; L.N. 130 of 1999; E.R. 6 of 2024)
(Repealed 13 of 1995 s. 2)
(Repealed 13 of 1995 s. 2)
(Repealed 13 of 1995 s. 2)
(Repealed 13 of 1995 s. 2)
(Repealed 13 of 1995 s. 2)
(Repealed 13 of 1995 s. 2)
(Repealed 53 of 1983 s. 18)
(Repealed 54 of 1978 s. 3)
(Repealed L.N. 301 of 1976)
The form of a public dance hall licence shall be that in Form 6 in the Second Schedule.
A person requiring a licence to open or keep any premises as a public dance hall shall when making application for the same furnish to the licensing authority 2 copies of his photograph.
After the commencement# of the Miscellaneous Licences (Amendment) Regulations 1965 (L.N. 110 of 1965) no new public dance hall licence shall be issued or renewed, and after the expiry of a period of 24 months from the commencement of such regulations no public dance hall licence issued before the commencement of such regulations shall be renewed, in respect of any premises in which the total unobstructed dancing area available to persons resorting thereto for the purpose of dancing is less than 46 square metres.
It shall be a condition of every new public dance hall licence issued or renewed after the commencement of the aforesaid regulations and of every public dance hall licence renewed after the expiry of a period of 24 months from the commencement of the aforesaid regulations that at all times when the premises are open to the public for dancing the total unobstructed dancing area available to persons resorting thereto for the purpose of dancing is not less than 46 square metres.
(L.N. 110 of 1965; L.N. 372 of 1984)
| # | Commencement date: 20 August 1965. |
Every person licensed to keep a public dance hall shall exhibit and keep exhibited the words “Licensed for dancing” in English and in Chinese the characters “已領有跳舞牌照” in some conspicuous place near the door and on the outside of the premises to the satisfaction of the licensing authority.
Every person licensed to keep a public dance hall shall employ in the premises only such assistants as the licensing authority may approve.
Every person licensed to keep a public dance hall shall keep a register at the premises and shall correctly enter therein the names, age, sex, nationality, birthplace and place of residence in Hong Kong of every dancing partner and other person employed in the premises and shall affix thereto a photograph of every such dancing partner and employee.
On the first day of every month every person licensed to keep a public dance hall shall make a return in writing to the licensing authority in such form as he may approve of the particulars required to be entered in the register, relating to every dancing partner and other person then employed in the premises.
No person under the age of 18 years shall be employed in the premises.
No person under the age of 16 years shall be permitted to be present, at any time when the public are not excluded from the premises, in any part of the premises available to the public.
No person other than the licensee, members of his family, his agent, or watchman, and no person employed as a dancing partner shall sleep or be permitted to sleep on the licensed premises.
(Repealed 8 of 1977 s. 2)
(Repealed 8 of 1977 s. 2)
No intoxicating liquors shall be sold or consumed in the premises, except under and in accordance with the terms of a valid licence in that behalf granted in respect of such premises.
Every person licensed to keep a public dance hall shall maintain good order in the premises and shall not suffer or permit therein—
any profanity or impropriety of language;
any indecency of dress, dance or gesture;
any offensive personalities or representations of living persons or anything calculated to produce riot or breach of the peace;
any drunkenness or other disorderly conduct;
any unlawful game; or
any persons of notoriously bad character to assemble and meet together.
The premises shall be lighted throughout by gas or electricity from the mains of a public utility company, and, except by and in accordance with the special permission of the licensing authority, no candle, oil lamp or other form of illumination shall be used therein.
The licensee shall not erect, place or have any partition or screen in any part of the premises available to the public.
The seating facilities in the premises shall, except as otherwise permitted in paragraph (2), be by means of separate chairs only (each such chair designed to accommodate one person only) and shall, at all times when the premises are open to the public for the purpose of dancing, so be arranged as to ensure that at least one-half of the dancing area can be seen from every chair.
The seating facilities in the premises when the premises are open to the public for the purpose of dancing may consist of or include seats designed to accommodate more than one person but only if—
every such seat is in a position outward-facing against a wall; and
at least one-half of the dancing area can be seen from every sitting place on every such seat; and
no such seat is fitted with anything, other than arm-rests, calculated to or having the effect of segregating any person using that sofa or seat from any other person using the same or any other sofa or seat.
The licensing authority may require the removal of, and the licensee shall immediately remove, anything in the premises which in the opinion of the licensing authority is a fire danger.
Every person licensed to keep a public dance hall shall provide and maintain on the premises to the satisfaction of the Director of Fire Services— (L.N. 391 of 1984)
fire appliances adequate for the protection of the premises, at all times free from obstruction and ready for use;
(Repealed L.N. 391 of 1984)
an adequate shade or guard for every lamp and fire; and
fire resisting screens, shutters, curtains or other adequate means of fire protection for every window or opening which adjoins any place or premises where any inflammable substance is kept or stored.
Every person licensed to keep a public dance hall shall provide and maintain on the premises to the satisfaction of the Building Authority adequate means of escape in case of fire for all persons from every part of the premises. (L.N. 391 of 1984)
Every person licensed to keep a public dance hall shall at all times keep free from obstruction and ready for use every means of escape provided by him under paragraph (2). (L.N. 391 of 1984)
Every door and barrier on the premises must open outwards, and every exit shall be plainly indicated in 170-millimetre letters and Chinese characters by a fixed lighted sign of a nature and in a position approved by the Director of Fire Services.
Every gangway, passage and staircase for the exit of the public shall be kept entirely free from obstruction, whether permanent or temporary, and no person shall be permitted to loiter therein.
No corridor shall be used as a cloakroom, and no pegs for hanging hats or cloaks shall be allowed therein.
Every person licensed to keep a public dance hall shall provide and shall maintain in a clean and wholesome condition on the premises adequate latrine, urinal or watercloset accommodation to the satisfaction of the Director of Food and Environmental Hygiene.
Every person licensed to keep a public dance hall shall provide adequate measures for ventilating, cleansing and otherwise securing hygienic conditions in the premises and shall maintain the premises in a hygienic condition to the satisfaction of the Director of Food and Environmental Hygiene.
Every person holding a licence under this Part shall at all reasonable times permit any police officer not under the rank of inspector and any person authorized in writing by the licensing authority to enter and inspect the licensed premises and the entries in any records kept in connexion therewith.
Every person holding a licence to keep a public dance hall shall observe the following conditions, namely—
that except with the written permission of the licensing authority endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person;
(Repealed 8 of 1977 s. 2)
that should any person employed by the licensee and induced by him or on his behalf to enter Hong Kong become liable to expulsion from Hong Kong or at any time after the termination, in whatsoever manner, of his services with the licensee desire to return to the place from where he came to Hong Kong, the licensee shall defray the cost of such expulsion or return; (59 of 2000 s. 3)
that where the public dance hall is situated on a floor, not being the lowest floor, of a building designed for domestic purposes, the licensee shall not permit to be present on the premises at any time when the premises are open to the public for the purpose of dancing a greater number of persons, including dancing partners and other persons employed by the licensee, than one person for every square metre of the area which is available on the premises to the public; (L.N. 372 of 1984)
that on demand the licensee shall produce and show to the licensing authority and any person deputed by the licensing authority in writing in that behalf every contract in respect of any employment performed on the premises,
and such special conditions as the licensing authority may in his discretion impose.
Every condition specified in or imposed under paragraph (1) shall be endorsed on the licence.
(Repealed L.N. 301 of 1976)
(Repealed 11 of 1995 s. 19)
(Repealed 11 of 1995 s. 19)
(Repealed 11 of 1995 s. 19)
(Repealed L.N. 301 of 1976)
(Repealed L.N. 301 of 1976)
(Part XI added G.N.A. 95 of 1952)
The form of a dancing school licence shall be that in Form 11 in the Second Schedule.
A person requiring a licence to open, keep or use any premises as a dancing school shall when making application for the same, furnish to the licensing authority 2 copies of his or her photograph.
After the commencement# of the Miscellaneous Licences (Amendment) Regulations 1965 , no dancing school licence shall be issued or renewed in respect of any premises in which the total unobstructed dancing area available to persons resorting thereto for the purpose of receiving instruction in dancing is less than 46 square metres, or the total seating area is more than one-third of the dancing area.
It shall be a condition of every such licence issued or renewed after the commencement of the aforesaid regulations that at all times when the premises are open for instruction in dancing the total unobstructed dancing area available to persons resorting thereto for the purpose of receiving instruction in dancing is not less than 46 square metres and the total seating area is not more than one-third of the dancing area.
| # | Commencement date: 20 August 1965. |
Every person licensed to keep a dancing school shall exhibit and keep exhibited “Licensed for Dancing Instruction” in English and in Chinese the characters “特許教授跳舞” in some conspicuous place near the door and on the outside of the premises to the satisfaction of the licensing authority.
Every person licensed to keep a dancing school shall employ at the premises only such assistants as the licensing authority may approve.
Every person licensed to keep a dancing school, shall keep a register at the premises and shall correctly enter therein the names, age, sex, nationality, birth place and place of residence in Hong Kong of every dancing instructor, dancing partner and of any other person employed in the premises and shall affix thereto a photograph of every such dancing instructor, dancing partner or employee.
Every person licensed to keep a dancing school shall keep a register of all persons receiving tuition at the school in which shall be entered the name and address of the persons receiving tuition.
On the first day of every month, every person licensed to keep a dancing school shall make a return in writing to the licensing authority in such form as he may approve of the particulars required to be entered in the register relating to every dancing instructor, dancing partner and to other persons employed on the premises.
No person under the age of 18 years shall be employed in the premises.
No person under the age of 16 years shall be permitted to be present, at any time during which the licensee may, under and in accordance with his licence, allow the premises to be used for instruction in dancing, in any part of the premises available to persons resorting thereto for the purpose of receiving instruction in dancing.
No person other than the licensee, members of his family, his agent, or watchman shall sleep or be permitted to sleep on the licensed premises.
Except during the hours prescribed in the conditions of the licence, no instruction in dancing shall be given and the public shall be excluded from the premises.
(Repealed L.N. 110 of 1965)
No intoxicating liquors shall be sold or consumed in the premises, except under and in accordance with the terms of a valid licence in that behalf granted in respect of such premises.
Every person licensed to keep a dancing school shall maintain good order in the premises and shall not suffer or permit therein—
any profanity or impropriety of language;
any indecency of dress, dance or gesture;
any drunkenness or other disorderly conduct;
any unlawful game; or
any persons of notoriously bad character to assemble and meet together.
The licensee shall not erect, place or have any partition or screen in any part of the premises available to persons resorting thereto for instruction in dancing.
The seating facilities in the premises shall be by means of separate chairs (each such chair designed to accommodate one person only) and shall, at all times when the premises are open for the purpose of instruction in dancing, be so arranged as to ensure—
that any person sitting in any chair has an unobstructed view of the whole of the dancing area; and
that no chair is obstructed by any pillar, plant or other thing (whether similar or not) calculated to, or having the effect of, segregating any person using that chair from the full sight of any other person present.
No person shall be permitted to enter any cockloft in the premises at any time during which the licensee may, under and in accordance with his licence, allow the premises to be used for instruction in dancing.
Nothing in paragraph (1) shall be taken to prohibit the licensee himself from entering any such cockloft.
The premises shall at all times when open for the purpose of instruction in dancing, except between the hours of 8 a.m. and 6 p.m., be lighted throughout by gas or electricity from the mains of a public utility company, the lighting shall be controlled by switches, no lamp shall be connected to a switch or other device by which the light therefrom may be dimmed, and, except by and in accordance with the special permission of the licensing authority, no candle, oil lamp or other form of illumination shall be used therein.
On the issue or renewal of any dancing school licence the licensing authority may specify, by endorsement thereon—
the minimum number of lamps required to be a light on the premises at all times when the premises are, under paragraph (1), required to be lighted;
the minimum wattage of each such lamp;
the sitting of each such lamp;
the colour of the bulb of, and the colour and type of the shade which may be used in connexion with, each such lamp; and
such period of grace (if any) as the licensing authority may consider necessary for the purpose of enabling compliance with any endorsement made as aforesaid;
and where any such endorsement has been made on a licence in accordance with the foregoing provisions of this paragraph, then, subject to the provisions of paragraph (3) and the decision of the Chief Executive in Council on any appeal thereunder against such endorsement, the lighting on the premises shall comply therewith at all times when the premises are, under paragraph (1), required to be lighted:
Provided that where any period of grace has been granted in respect of any endorsement, non-compliance therewith during such period shall not constitute a contravention of this paragraph.
Where the licensee is aggrieved by any endorsement made on his licence pursuant to paragraph (2) or by the failure to grant a period of grace in respect of any endorsement, he may appeal by way of petition against such endorsement or such failure to the Chief Executive in Council, and in the event of such an appeal—
the provisions of regulation 8 shall apply in respect thereof;
the Chief Executive in Council may cancel or vary the endorsement appealed against, or grant a period of grace where the failure of the licensing authority to grant such a period is the subject of the appeal;
written notice of the decision of the Chief Executive in Council shall be given to the licensee;
pending the giving of written notice to the licensee as aforesaid, the endorsement appealed against, or, where the appeal is against the failure of the licensing authority to grant any or a sufficient period of grace in respect of any endorsement, that endorsement, shall have no effect, and the period of grace (if any) applicable in respect of any such endorsement as aforesaid, whether granted by the licensing authority or the Chief Executive in Council, shall not commence or be deemed to have commenced to run until the giving of such written notification to the licensee.
The licensing authority may require the removal of, and the licensee shall immediately remove, anything in the premises which in the opinion of the licensing authority is a fire danger.
Every person licensed to keep a dancing school shall provide and maintain on the premises to the satisfaction of the Director of Fire Services— (L.N. 391 of 1984)
fire appliances adequate for the protection of the premises, at all times free from obstruction and ready for use;
(Repealed L.N. 391 of 1984)
an adequate shade or guard for every lamp and fire; and
fire resisting screens, shutters, curtains or other adequate means of fire protection for every window or opening which adjoins any place or premises where any inflammable substance is kept or stored.
Every person licensed to keep a dancing school shall provide and maintain on the premises to the satisfaction of the Building Authority adequate means of escape in case of fire for all persons from every part of the premises. (L.N. 391 of 1984)
Every person licensed to keep a dancing school shall at all times keep free from obstruction and ready for use every means of escape provided by him under paragraph (2). (L.N. 391 of 1984)
Every door and barrier on the premises must open outwards, and every exit shall be plainly indicated in 170-millimetre letters and Chinese characters by a fixed lighted sign of a nature and in a position approved by the Director of Fire Services.
Every gangway, passage and staircase for the exit of the public shall be kept entirely free from obstruction, whether permanent or temporary, and no person shall be permitted to loiter therein.
No corridor shall be used as a cloakroom, and no pegs for hanging hats or cloaks shall be allowed therein.
Every person licensed to keep a dancing school shall provide and shall maintain in a clean and wholesome condition on the premises adequate latrine, urinal or water-closet accommodation to the satisfaction of the Director of Food and Environmental Hygiene.
Every person licensed to keep a dancing school shall provide adequate measures for ventilating, cleansing and otherwise securing hygienic conditions in the premises and shall maintain the premises in a hygienic condition to the satisfaction of the Director of Food and Environmental Hygiene.
Every person holding a licence under this Part shall at all reasonable times permit any police officer not under the rank of inspector and any person authorized in writing by the licensing authority to enter and inspect the licensed premises and the entries in any records kept in connexion therewith.
Every person holding a licence to keep a dancing school shall observe the following conditions, namely—
that except with the written permission of the licensing authority endorsed on the licence, the licensee shall not transfer, lend or hire his licence to any person;
that the licensee shall not allow the premises to be used for instruction in dancing between the hours of 2 a.m. and 8 a.m. daily;
that except with the written permission of the licensing authority endorsed on the licence, the licensee shall not employ a greater number of instructors and dancing partners than the number endorsed on the licence;
that where the dancing school is situated on a floor, other than the lowest floor, of a building designed for domestic purposes, the licensee shall not permit to be present on the premises at any time when the premises are open for instruction in dancing, a greater number of persons, including instructors and dancing partners, than one person for every square metre of the area which is available for the purposes of instruction, (L.N. 372 of 1984)
and such special conditions as the licensing authority may impose.
Every condition specified in or imposed under paragraph (1) shall be endorsed on the licence.
(Repealed L.N. 301 of 1976)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 67 of 1985 s. 16)
(Repealed 64 of 1993 s. 24)
(Repealed 64 of 1993 s. 24)
(Repealed 64 of 1993 s. 24)
(Repealed 64 of 1993 s. 24)
(Repealed 64 of 1993 s. 24)
(Repealed 64 of 1993 s. 24)
(Repealed 64 of 1993 s. 24)
| Licence | Period of validity | Fee | Officer authorized to issue |
| Dancing school | One year | $1,500 | Public officer appointed by the Secretary for Home and Youth Affairs |
| Public dance hall | One year | $4,300 | Public officer appointed by the Secretary for Home and Youth Affairs |
(L.N. 110 of 1965; L.N. 231 of 1976; L.N. 301 of 1976; 8 of 1977 s. 2; L.N. 126 of 1977; 54 of 1978 s. 3; L.N. 86 of 1982; L.N. 88 of 1984; 67 of 1985 s. 16; L.N. 73 of 1989; L.N. 76 of 1989; L.N. 190 of 1989; 64 of 1993 s. 24; 11 of 1995 s. 20; 13 of 1995 s. 2; 17 of 2011 s. 28; L.N. 144 of 2022; E.R. 6 of 2024)
Form 1
(Repealed 13 of 1995 s. 2)
_Form 2
_ Forms 3 & 4
(Repealed 54 of 1978 s. 3)
_Form 5
(Repealed L.N. 301 of 1976)
_
| Form 6 | [reg. 57] | |||
| Licence No. | ||||
| Public Dance Hall Licence(Annual) | ||||
| . | of | |||
| is hereby licensed to keep ............................................................ as a public | ||||
| dance hall until the .......... day of........................................, 19.......... inclusive, subject to the conditions and for the further periods endorsed hereon. | ||||
| Dated this .......... day of .............................., 19 . | ||||
| Licensing Authority. | ||||
_ Form 7
(Repealed L.N. 301 of 1976)
_Form 8
(Repealed 11 of 1995 s. 21)
_ Forms 9 & 10
(Repealed L.N. 301 of 1976)
_
| Form 11 | [reg. 106] | ||
| Licence No. | |||
| Dancing School Licence(Annual) | |||
| . | of | ||
| is hereby licensed to keep | |||
| as a dancing school until the . day of., 19. inclusive, and for the further periods endorsed hereon subject to complying with the regulations affecting dancing schools from time to time in force under the Miscellaneous Licences Ordinance and to observing the special conditions endorsed hereon. | |||
| Dated this .......... day of .............................., 19 . | |||
| Licensing Authority. | |||
| Condition 1 | |||
| Aggregate maximum number of instructors and dancing partners permitted | |||
_ Form 12
(Repealed L.N. 301 of 1976)
_
Form 13
(Repealed 67 of 1985 s. 16)
_ Form 14
(Repealed 64 of 1993 s. 24)