Places of Public Entertainment Regulations
[3 August 1934]
(Format changes—E.R. 1 of 2019)
These regulations may be cited as the Places of Public Entertainment Regulations.
In these regulations, unless the context otherwise requires—
fire service installations and equipment (消防裝置及設備) means any installations and equipment manufactured, used or designed to be used for the purposes of—(a)extinguishing, attacking, preventing or limiting a fire; (b)giving warning of a fire; (7 of 2003 s. 22)(c)providing access to any premises or place for the purpose of extinguishing, attacking, preventing or limiting a fire; (L.N. 224 of 1980)(d)facilitating the evacuation from any premises or place in case of fire; or (7 of 2003 s. 22)(e)providing a stand-by power supply to an installation and equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply; (7 of 2003 s. 22) fixed electrical installation (固定電力裝置) has the meaning assigned to it by section 2 of the Electricity Ordinance (Cap. 406); (L.N. 193 of 1996) laser equipment (激光設備) means any appliance, apparatus or equipment which is capable of producing or amplifying electromagnetic radiation in the wavelength range from 180 nm to 1 mm primarily by the process of controlled stimulated emission; (L.N. 193 of 1996; L.N. 391 of 1996) licence (牌照) means a licence granted or renewed under regulation 3, 3A, 3B or 162; (L.N. 198 of 2006) 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) new structure (新構築物) means any structure hereafter erected or adapted for use as a place of public entertainment; (39 of 1985 s. 60) premises (處所) means a place of public entertainment and includes any means of ingress or egress for the purposes of and in connexion with such place, and in cases in which such place consists of a part or parts only of a structure includes also any other part or parts of such structure used or intended to be used for the purposes of and in connexion with such place; provisional licence (臨時牌照) means a licence granted under regulation 3A or renewed under regulation 3B; (L.N. 198 of 2006) structure (構築物) includes any building, booth, matshed, grandstand, tent or other erection. (L.N. 9 of 1970)Any person who desires to keep or use premises specially designed as a theatre or cinema shall apply in triplicate in such form, if any, as the licensing authority may specify to the licensing authority for the grant of a licence in respect thereof; but in case it is proposed to install laser equipment, or such equipment is already installed, in the premises to which the application relates, the application shall be in quadruplicate. (L.N. 127 of 1977; L.N. 193 of 1996)
A person to whom a licence is granted or renewed under this regulation may at any time during the period not more than 6 months and not less than 5 months before the expiration of the licence apply to the licensing authority for the renewal of the licence. (L.N. 193 of 1996)
Where an application for the grant of a licence is made under paragraph (1)(a), the licensing authority shall, as soon as practicable, forward a copy of the application, together with a copy of any documents and particulars furnished in support thereof under regulation 5, to—
the Director of Fire Services;
in case the application relates to premises which are under the control of the Housing Authority, the Director of Housing; or
in case the application relates to any other premises, the Building Authority; and
in case the application relates to any premises in which laser equipment is, or is proposed to be, installed, the Director of Electrical and Mechanical Services.
Where an application for the renewal of a licence is made under paragraph (1)(b), the licensing authority shall, as soon as practicable, consult—
the Director of Fire Services;
in case the application relates to premises which are under the control of the Housing Authority, the Director of Housing; or
in case the application relates to any other premises, the Building Authority; and
in case the application relates to any premises in which laser equipment is, or is proposed to be, installed, the Director of Electrical and Mechanical Services.
Subject to paragraphs (3) and (4), the licensing authority may, where it thinks fit and on being notified by each of the Director of Fire Services, the Director of Housing, the Building Authority and the Director of Electrical and Mechanical Services, in so far as he has been forwarded a copy of the application under subparagraph (a) or has been consulted under subparagraph (b), as the case may be, that he has no objection as regards the application, grant or renew, as the case may be, the licence sought under the application. (L.N. 193 of 1996)
Where an application for the grant of a licence is made under paragraph (1)(a), the licence shall not be granted unless and until—
where the application is in respect of any premises in which a fixed electrical installation is, or is to be, installed, the licensing authority has received from the applicant concerned—
in case the installation is a new one, a copy of a work completion certificate issued both as regards the installation and for the purposes of regulation 19 of the Electricity (Wiring) Regulations (Cap. 406 sub. leg. E); or
in case the installation is an existing one, a copy of a periodic test certificate issued both as regards the installation and for the purposes of regulation 20 of those Regulations; and
the licensing authority has received from the applicant concerned a certificate issued by the Director of Fire Services and such other evidence as the licensing authority may require to show that any requirements imposed by the Director of Fire Services in respect of the premises to which the application relates have been complied with. (L.N. 193 of 1996)
Where an application for the grant or renewal of a licence made under paragraph (1) is refused—
the licensing authority shall notify the applicant concerned in writing of the refusal and the notification shall be sent to the applicant by registered post; and
such applicant may, within the period of 28 days after the date of the receipt by him of such notification, appeal to the Municipal Services Appeals Board as regards the refusal. (L.N. 193 of 1996; 78 of 1999 s. 7)
For the avoidance of doubt, this regulation does not apply to an application for the grant or renewal of a provisional licence. (L.N. 198 of 2006)
Where an application for the grant of a licence is made under regulation 3(1)(a), the licensing authority may grant a provisional licence permitting the applicant to keep or use the premises to which the application relates as a theatre or cinema.
The licensing authority shall not grant a provisional licence under paragraph (1) unless—
the licensing authority is satisfied that the applicant has complied with the requirements respectively imposed by it and the following persons in respect of the grant of the provisional licence—
the Director of Fire Services;
in case the application relates to any premises which are under the control of the Housing Authority, the Director of Housing; or
in case the application relates to any other premises, the Building Authority; and
in case the application relates to any premises in which laser equipment is, or is proposed to be, installed, the Director of Electrical and Mechanical Services; and
where the application is in respect of any premises in which a fixed electrical installation is, or is to be, installed, the licensing authority has received from the applicant—
in case the installation is a new one, a copy of a work completion certificate issued both as regards the installation and for the purposes of regulation 19 of the Electricity (Wiring) Regulations (Cap. 406 sub. leg. E); or
in case the installation is an existing one, a copy of a periodic test certificate issued both as regards the installation and for the purposes of regulation 20 of those Regulations.
A provisional licence granted in respect of any premises is valid until—
the expiration of a period of 6 months from and including the date of its issue or of such lesser period as may be indicated in the provisional licence; or
the licensing authority grants a licence under regulation 3(2)(c) in respect of the premises,
whichever occurs first.
A provisional licence may, on one occasion only, be renewed at the absolute discretion of the licensing authority.
A renewed provisional licence is valid for a further period of 6 months from and including the date of its renewal or for such lesser period as may be indicated in the provisional licence.
The fees payable for the grant and renewal of a provisional licence are $2,680 and $2,420 respectively.
The fee payable for the issue of a duplicate of or any amendment to a provisional licence is the same as that payable for the issue of a duplicate of or any amendment to a licence granted or renewed under regulation 3(2)(c).
Where the licensing authority refuses to grant or renew a provisional licence, it shall notify the applicant in writing of the refusal and send the notification to the applicant by registered post.
The applicant under paragraph (1) may, within 28 days after the date of the receipt by him of such notification, appeal to the Municipal Services Appeals Board as regards the refusal.
Any person desirous of obtaining authority to open any place of public entertainment shall first make public his intention so to do and the purposes for which the premises will be used, by exhibiting a notice on the proposed site, or if it is proposed to adapt an existing structure, upon such structure, in such a position that it can be plainly read from the main road upon which the site or structure fronts, or by advertisement in 4 newspapers (2 English and 2 Chinese) circulating in Hong Kong. A copy of the notice or of each of the 4 newspapers, as the case may be, shall be forwarded to the licensing authority.
Where an application for the grant of a licence is made under regulation 3(1)(a), the applicant shall submit in triplicate, or, in case the application relates to premises in which any laser equipment is, or is proposed to be, installed, in quadruplicate, a plan showing to the satisfaction of the licensing authority the layout of the premises to which the application relates; and such plan shall show in particular each of the following—
each part of the premises intended to be used for holding entertainment;
each part of the premises intended to be used for seating or otherwise accommodating an audience;
each existing and any proposed exit route from the premises;
the position or location in the premises of any existing or proposed permanent structure;
each part of the premises in which it is intended that temporary barriers may be erected or otherwise provided;
the proposed or actual location in the premises of all sanitary fitments;
the proposed or actual location in the premises of fire service installations and equipment;
all or, as may be appropriate, any 1 or 2 of the following means by which ventilation of the premises, or any part thereof, is provided, namely, windows, ducts or any mechanical means;
the proposed or actual location in the premises of all laser equipment (if any). (L.N. 193 of 1996)
Where an application for the grant of a licence is made under regulation 3(1)(a), the applicant shall, in connection with the proposed installation of any electrical, lighting, cooling, ventilating or mechanical apparatus or of any laser equipment, submit to the licensing authority in triplicate, or, in case the application relates to premises in which any laser equipment is, or is proposed to be, installed, in quadruplicate, detailed specifications, accompanied by such drawings, diagrams and other particulars as the licensing authority may consider necessary to enable the proposal to be fully considered and to form an adequate record of the work when completed. The specifications, drawings, diagrams and other particulars shall be furnished before the work in connection with the erection or adaptation of premises is commenced. The specifications as far as they relate to mechanical ventilation or cooling shall show the size and area of inlet and outlet openings, ducts and shafts for the conveyance of air, the construction of and the means of access to ducts and shafts, and details of the apparatus proposed for cleansing or cooling the air. (L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
All parts of premises and the fittings and apparatus therein, including any seating, door fastenings and notices, and the lighting, electrical, cooling, ventilating, mechanical and other installations, shall be maintained at all times in good order and condition and as approved by the licensing authority. (L.N. 131 of 1963)
Alterations or additions whether permanent or temporary to the structure, the lighting, electrical, cooling, ventilating, mechanical or other installations, or to the seating, gangways or other installations, or to the seating, gangways or other arrangements at the premises and approved by the licensing authority from time to time, shall not be made except with the consent in writing of the licensing authority. (L.N. 131 of 1963)
In giving a consent described in subparagraph (a), the licensing authority may attach such conditions (if any) to the consent as it considers appropriate. (L.N. 193 of 1996)
Conditions attached pursuant to subparagraph (b) shall be complied with. (L.N. 193 of 1996)
Where a consent described in subparagraph (a) is sought, full details and, if necessary, by drawings, of the alterations or additions in respect of which the consent is sought shall be submitted, in triplicate, to the licensing authority. (L.N. 193 of 1996)
Before giving a consent described in paragraph (2)(a), the licensing authority shall consult—
where the licensing authority considers appropriate to consult the Director of Fire Services, the Director of Fire Services; and
in case the consent is sought in respect of premises which are under the control of the Housing Authority, the Director of Housing; or
in case the consent is sought in respect of any other premises, the Building Authority. (L.N. 193 of 1996)
Where on being consulted under paragraph (3), the Director of Fire Services, the Director of Housing, or the Building Authority raises an objection as regards the giving of a consent described in paragraph (2)(a), then—
in case the objection has not been withdrawn, the consent shall not be given by the licensing authority; or
in case the objection has been partly withdrawn, no consent shall be given by the licensing authority as regards any alterations or additions to which the objection, in so far as it has not been withdrawn, relates. (L.N. 193 of 1996)
Alterations or additions whether permanent or temporary to any laser equipment at the premises and approved by the licensing authority from time to time shall not be made except with the consent in writing of the licensing authority.
In giving a consent described in subparagraph (a), the licensing authority may attach such conditions (if any) to the consent as it considers appropriate.
Conditions attached pursuant to subparagraph (b) shall be complied with.
Where a consent described in subparagraph (a) is sought, full details and, if necessary, by drawings, of the alterations or additions in respect of which the consent is sought shall be submitted, in duplicate, to the licensing authority. (L.N. 193 of 1996)
Before giving a consent described in paragraph (5)(a), the licensing authority shall consult the Director of Electrical and Mechanical Services. (L.N. 193 of 1996)
Where on being consulted under paragraph (6), the Director of Electrical and Mechanical Services raises an objection as regards the giving of a consent described in paragraph (5)(a), then—
in case the objection has not been withdrawn, the consent sought shall not be given by the licensing authority; or
in case the objection has been partly withdrawn, no consent shall be given by the licensing authority as regards any alterations or additions to which the objection, in so far as it has not been withdrawn, relates. (L.N. 193 of 1996)
Notice in writing shall be given to the licensing authority of intention to carry out repairs or redecorations necessitating the use of scaffolding, cradles or plant involving risk of injury, obstruction, fire or panic, if it is intended that the public shall be admitted while such scaffolding, cradles or plant are in position or in use. If the licensing authority so requires, the premises shall be closed to the public until the work has been completed and the scaffolding, cradles and plant removed.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
The seating area assigned to each person shall be not less than—
700 mm deep where backs are provided; or
600 mm deep where backs are not provided; and
500 mm wide where arms are provided; or
450 mm wide where arms are not provided.
In all cases there shall be an unobstructed way or space at least 300 mm in depth, measured between perpendiculars, between the back of each seat and the front of the seat immediately behind.
The seating shall be fixed firmly to the floor.
If seats be made to tip up automatically they shall be actuated by weights.
In the case of any premises which are not intended to be used regularly for a closely-seated audience, the seating shall be arranged in accordance with regulation 37(1) and (2) and provision shall be made for fixing securely to the floor the rows of seating flanking the front, back and cross gangways and the seats near exits.
If chairs are used they shall be battened or otherwise securely fastened together in lengths of not less than 4 chairs. (L.N. 193 of 1996)
Premises shall not be used for a closely-seated audience except in accordance with plans previously submitted to and approved in writing by the licensing authority. (L.N. 131 of 1963; L.N. 193 of 1996)
In the case of premises used regularly for a closely-seated audience the seating shall be firmly fixed to the floor.
A copy of the seating plan shall be kept readily available at the premises and shall be shown to any authorized inspecting officer.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
Scenery or properties shall not be kept or used in the stage basement or in any part of premises other than on the stage or in the approved scene or property store.
The stage shall not in any circumstances be congested with scenery or properties, or the exits therefrom obstructed during performances.
(Repealed L.N. 193 of 1996)
Such dressing-room and staff-room accommodation for performers, musicians and staff shall be provided for both sexes as the licensing authority may consider necessary, having regard to the use proposed to be made of premises and the maximum number of persons to be employed.
(Repealed L.N. 193 of 1996)
Suitable workshops, store rooms, scene stores, property stores and offices shall be provided if required by the licensing authority.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
Soft wood or other inflammable wall linings, decorations, partitions, screens or barriers shall not be used in any part of premises and cavities shall not be left behind any linings or decorations.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
The sides of any boxes which may be provided shall not exceed 900 mm in height and the fronts of the boxes shall be formed of open balustrades or grilles. (L.N. 63 of 1977)
Curtains shall not be provided to boxes and recesses shall not be obscured by curtains.
Fire Service installations and equipment shall be provided to the satisfaction of the Director of Fire Services. (42 of 1961 s. 2; L.N. 224 of 1980)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
Every place of public entertainment shall be provided with watercloset fitments, urinals and lavatory basins in accordance with the provisions of the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap. 123 sub. leg. I), notwithstanding that the place of public entertainment may be situated in a part of Hong Kong to which those regulations do not apply. (59 of 2000 s. 3)
Waterclosets shall not, save where unavoidable, be approached directly from the auditorium or from any space in which the public await admission.
If lengthy cinematograph displays are to be given in any place of public entertainment, one of the watercloset fitments or urinals required, by the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap. 123 sub. leg. I), to be provided for the persons employed or likely to be employed therein shall be provided contiguous to the operating enclosure.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
An adequate number of metal bins or receptacles with properly fitting covers shall be provided for dust and refuse. Such receptacles shall be maintained in a clean and wholesome condition, in an open area or other suitable place.
Where—
a licence is granted or renewed under regulation 3; and
a fixed electrical installation is installed in the premises to which the licence relates,
then for so long as the licence remains in force, the licensee shall, as regards each successive period of 12 months beginning on the date on which the licence was granted or renewed, as the case may be, furnish to the licensing authority a copy of a certificate issued within that period for the purposes of regulation 20 of the Electricity (Wiring) Regulations (Cap. 406 sub. leg. E) and relating to the fixed electrical installation, and in case more than 1 such certificate is issued within such period, the copy to be furnished under this regulation is a copy of the certificate which is later or, where appropriate, latest in date.
The requirements of paragraph (1) shall, as regards a particular period of 12 months, be complied with not later than 3 months after the expiration of that period.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
Switch and fuse boards and other controlling apparatus shall, wherever practicable, be installed in positions inaccessible to the public. If the licensing authority agrees in writing to such apparatus being installed within reach of the public, arrangements shall be made to prevent interference by any unauthorized person. Cut-outs shall not be installed in positions where they may be visible to the assembled public.
Local switching for lighting shall be avoided as far as practicable in all parts of premises accessible to the public.
The rating of switches which are liable to frequent operation shall be for currents 50 per cent in excess of the maximum current of the main circuits or sub-circuits controlled.
When practicable motor-starting switch gear shall be installed close to the motor controlled thereby and shall be so placed that the motor is clearly visible to the operator. Any apparatus or switch provided for speed control or for stopping shall, if installed away from the motor, be so arranged that it cannot be used as a starter.
If in any case the permission of the licensing authority in writing is given for the remote control of motors, a suitable isolating switch shall be installed close to the motor.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
Generators and motors shall be designed for the particular purposes for which they are required and shall be installed only in approved positions.
Such machines, unless of the pipe-ventilated or flameproof type, shall be installed in enclosures constructed of fire-resisting materials and adequately ventilated.
Every such machine shall be fitted with a plate indicating the type, voltage, speed, capacity and, where applicable, the frequency and number of phases.
(Repealed L.N. 193 of 1996)
Radiators, convectors and other current-consuming devices shall not be installed except with the consent in writing of the licensing authority. If such a device be installed it shall be securely fixed in position and, if liable in any circumstances to reach a high temperature, shall be provided with a stout wire guard of close mesh, securely fixed and so arranged that no part of the guard is within 150 mm of any portion of the device which is at a high temperature. The metal framework and the guard shall be earthed.
Electric kettles, irons and other appliances shall be used only in positions specially approved by the licensing authority. If the temperature of a non-luminous appliance be liable to exceed 100 degrees Celsius, a pilot lamp shall be installed to indicate whether the current is on or off. The pilot lamp final sub-circuit shall be separately fused on each pole.
(Repealed L.N. 193 of 1996)
The outer cases of battens, footlights, lanterns and similar fittings shall be of hard metal of not less than 1 mm thick. If wood be used for the construction of portable lengths, it shall be teak or English oak of such thickness as may be approved by the licensing authority. (L.N. 63 of 1977; L.N. 77 of 1977)
Battens, lanterns and similar fittings shall be efficiently ventilated and the cases and all metal work shall be earthed.
The lamps and any parts of such apparatus liable to become hot shall be so arranged and guarded as not to endanger scenery or other material. The guard shall be of wire mesh or of such other type as will afford ventilation, shall be rigidly fixed and, where practicable, shall be at a distance of at least 300 mm vertically and 75 mm horizontally from the casing of the lamp or holder. (L.N. 63 of 1977)
Each batten shall be suspended by at least 3 steel wire ropes, and if required by the licensing authority a suitable self-sustaining winch shall be provided.
If it is desired to instal in the auditorium or main hall any lamp or apparatus for the purposes of stage illumination, advertisement or special effects, such lamp or apparatus shall be contained in a suitable enclosure arranged to the satisfaction of the licensing authority.
Except with the consent of the licensing authority and subject to any conditions of such consent, any lamp which may be used in the auditorium for projecting advertisements, stage illumination, special effects or for any other purpose shall be contained in a suitable enclosure to the satisfaction of the licensing authority.
If any system of illumination be installed which is not contemplated in these regulations, such conditions as may be considered necessary by the licensing authority shall be complied with in respect of such system.
Suitably protected portable distribution boards shall be provided as the licensing authority may consider necessary to ensure adequate fuse protection to small final sub-circuits fed through stage sockets. The current in any such sub-circuit supplying a number of small incandescent lamps shall be limited to 5 amperes.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
In cases in which premises form part of larger premises the electrical services for such part shall not be used for any purpose in connexion with the remaining parts of the premises except with the consent in writing of the licensing authority and in accordance with any conditions of such consent.
Radio apparatus or any electrical amplifying apparatus shall not be installed or used except with the consent in writing of the licensing authority and in accordance with any conditions of such consent.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
(Part III added L.N. 9 of 1970)
Any person who desires to keep or use any place of public entertainment to which regulation 3 does not apply shall apply in quadruplicate in such form, if any, as the licensing authority may specify to the licensing authority for the grant of a licence in respect thereof not less than 42 days before the commencement of the proposed entertainment, or such lesser period as the licensing authority may allow; but in case it is proposed to install laser equipment, or such equipment is already installed, in the place to which the application relates, the application shall be in quintuplicate.
If the licensing authority does not reject an application sent to it under paragraph (1) it shall forward a copy of the application, together with a copy of any documents and particulars furnished in support of the application under this regulation, to—
the Commissioner of Police;
the Director of Fire Services;
in case the application relates to any place which is under the control of the Housing Authority, the Director of Housing;
in case the application relates to a vessel, the Director of Marine; or
in case the application relates to any other place, the Building Authority; and
in case the application relates to any place in which laser equipment is, or is proposed to be, installed, the Director of Electrical and Mechanical Services.
Except in the case of a vessel, the applicant under paragraph (1) shall supply in quadruplicate, or, in case the application relates to any place in which laser equipment is, or is proposed to be, installed, in quintuplicate, to the licensing authority not less than 28 days before the commencement of the proposed entertainment, or such lesser period as the licensing authority may allow— (L.N. 127 of 1977)
a plan showing to the satisfaction of the licensing authority the layout of the place to which the application relates including, in particular, each of the following—
each part of the place intended to be used for holding entertainment;
each part of the place intended to be used for seating or otherwise accommodating an audience (if any);
each existing and any proposed exit route from the place;
the position or location in the place of any existing or proposed permanent structure;
each part of the place in which it is intended that temporary barriers may be erected or otherwise provided;
the proposed or actual location in the place of all sanitary fitments;
the proposed or actual location in the place of fire service installations and equipment;
all or, as may be appropriate, any 1 or 2 of the following means by which ventilation of the place, or any part thereof, is provided, namely, windows, ducts or any mechanical means;
the proposed or actual location in the place of all laser equipment (if any); and (L.N. 193 of 1996)
(Repealed L.N. 193 of 1996)
in the case of a temporary structure, diagrams sufficient to illustrate the proposed method of construction and the spacing and scantling of structural members.
The licensing authority may require the applicant under paragraph (1) to furnish to it in quadruplicate such further scale or other plans, elevations and sections and such further information, including information as to the contractor employed to erect any structure on the place, as it thinks fit. (L.N. 127 of 1977)
The licensing authority may require the applicant under paragraph (1) to amend any plans, elevations and sections furnished by him under paragraphs (3) and (4) and the licensing authority shall retain one copy of the amended plans and shall return one copy thereof to the applicant under paragraph (1).
The applicant shall ensure that not less than 2 days prior to the commencement of the proposed entertainment, or such lesser period as the licensing authority may allow, the place in respect of which application is made under paragraph (1) complies with the requirements of regulation 164.
For the purposes of paragraph (8) the place in respect of which application is made under paragraph (1) shall be inspected at any time prior to the commencement of the proposed entertainment—
by the Building Authority, or a public officer authorized by him in that behalf, for the purpose of ascertaining whether the requirements of paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i),(j), (k), (l), (m), (o), (p), (w) and (x) of regulation 164 have been complied with;
by the Director of Fire Services, or a fire services officer authorized by him in that behalf, for the purpose of ascertaining whether the requirements of paragraphs (n), (q), (s), (t), (u) and (v) of regulation 164 have been complied with; and (L.N. 193 of 1996)
in the case of a vessel, by the Director of Marine, or a public officer authorized by him in that behalf, for the purpose of ascertaining whether the vessel may safely be used for the proposed entertainment.
Subject to paragraph (9), where an application is made under paragraph (1), the licensing authority may, where it thinks fit and on being notified by each of the Commissioner of Police, the Director of Fire Services, the Director of Housing, the Director of Marine, the Building Authority and the Director of Electrical and Mechanical Services, in so far as he has been forwarded a copy of the application under paragraph (2), that he has no objection as regards the application, grant the licence sought under the application. (L.N. 193 of 1996)
Where an application for the grant of a licence is made under paragraph (1), the licence shall not be granted unless and until—
where the application is in respect of a place in which a fixed electrical installation is, or is to be, installed, the licensing authority has received from the applicant concerned—
in case the installation is a new one, a copy of a work completion certificate issued both as regards the installation and for the purposes of regulation 19 of the Electricity (Wiring) Regulations (Cap. 406 sub. leg. E); or (E.R. 1 of 2019)
in case the installation is an existing one, a copy of a periodic test certificate issued both as regards the installation and for the purposes of regulation 20 of those Regulations;
where the application is in respect of a place in which laser equipment is, or is to be, installed, the licensing authority has received from the applicant concerned 2 copies of a plan showing the proposed or actual location of all such equipment, together with such specifications or other particulars as regards the equipment as the licensing authority may specify; and
the licensing authority has received from the applicant concerned a certificate issued by the Director of Fire Services and such other evidence as the licensing authority may require to show that any requirements imposed by the Director of Fire Services in respect of the place to which the application relates have been complied with. (L.N. 193 of 1996)
A person to whom a licence is granted or renewed under this regulation may at any time prior to the expiration of the licence apply to the licensing authority for the renewal of the licence. (L.N. 193 of 1996)
Where an application for the grant or renewal of a licence made under paragraph (1) or (10) is refused—
the licensing authority shall notify the applicant concerned in writing of the refusal and the notification shall be sent to the applicant by registered post; and
such applicant may, within the period of 28 days after the date of the receipt by him of such notification, appeal to the Municipal Services Appeals Board as regards the refusal. (L.N. 193 of 1996; 78 of 1999 s. 7)
The provisions of regulation 164 shall, as far as practicable, be applied to a permanent structure to which regulation 3 does not apply and to vessels.
The following requirements shall apply to a temporary structure which it is desired to use or which is licensed for a public entertainment—
the structure shall be constructed of such materials as shall be approved by the Building Authority;
no part of the structure shall be built over water;
no part of the structure shall be within 9 m of any other structure;
the structure shall not exceed one storey in height;
no part of the floor or decking of the structure shall—
if the structure has a ramped floor or deck; be more than 1.5 m above ground level; and
if the structure has stepped rows of seating forming a spectator stand, be more than 3 m above ground level;
the seating area assigned to each person shall not be less than—
700 mm deep if backs are provided for the seats;
600 mm deep if backs are not provided for the seats;
500 mm wide if arm-rests are provided for the seats; and
450 mm wide if arm-rests are not provided for the seats;
there shall be an unobstructed way or space of at least 300 mm measured between perpendiculars between the back of one seat and the front of the seat immediately behind;
the seating shall be fixed firmly to the ground, floor or decking and if separate chairs are used they shall be securely battened or otherwise securely fastened together in lengths of not less than 4; (L.N. 193 of 1996)
the structure shall have gangways not less than 1.2 m in width intersecting the rows of seating in such a manner that no seat shall be more than 3 m from a gangway measured in the line of seating, and there shall be a gangway abutting each side of the structure from which the exit ways shall open;
gangways not less than 1.2 m in width at right angles to the longitudinal gangways required by paragraph (i) shall also be formed in such a manner that the seating is divided into blocks not more than 9 m in depth measured between perpendiculars between the front of the seats forming the front row and the back of the seats forming the back row of a block of seating;
exit ways not less than 2.4 m in width shall be provided in each side of the structure in such a manner that there is one exit way at each end of a prolongation of the centre line of each of the gangways required by paragraph (j) and for the avoidance of doubt one such exit way is required at each end of a prolongation of a line 1.2 m in front of the first or front row of seating;
such further exit ways as are considered necessary by the Building Authority shall be provided from the area of the stage or the space provided for the performance;
all gangways, exit ways, seating and the spacing and fixing thereof shall be provided, formed and maintained to the satisfaction of the Building Authority or a public officer authorized by him;
every gangway, exit way, and passage shall be kept at all times free from any obstruction;
any door erected at the exit ways shall open in 2 folds in the direction of egress and any fastening used for maintaining the doors closed shall readily give way upon light pressure being applied by one person from inside;
the number of persons admitted shall be limited to those for whom seating accommodation is provided and in no case shall such number exceed 2 500;
any artificial lighting shall be to the satisfaction of the Director of Fire Services or a public officer authorized by him;
(Repealed L.N. 193 of 1996)
there shall be provided fire-extinguishing apparatus of such type as may be required by the Director of Fire Services who may direct that the structure shall be further protected by the provision of fire services officers at the expense of the licensee;
no cooking shall be allowed in, or within 9 m of, the structure;
no smoking shall be allowed within the structure and the licensee shall take all reasonable precautions, including the posting of notices, to prevent such smoking;
no loose inflammable material shall be left in, on, under or near the structure;
the licensee shall at all times ensure that the structure is kept in a safe condition;
the licensee shall ensure that at all times the structure conforms with the plans, elevations, sections and diagrams as supplied to, and amended at the request of, the licensing authority under regulation 162(3), (4) and (5). (L.N. 193 of 1996)
Where—
a licence is granted or renewed under regulation 162; and
a fixed electrical installation is installed in the place to which the licence relates,
then for so long as the licence remains in force, the licensee shall, as regards each successive period of 12 months beginning on the date on which the licence was granted or renewed, as the case may be, furnish to the licensing authority a copy of a certificate issued within that period for the purposes of regulation 20 of the Electricity (Wiring) Regulations (Cap. 406 sub. leg. E) and relating to the fixed electrical installation, and in case more than 1 such certificate is issued within such period, the copy to be furnished under this regulation is a copy of the certificate which is later or, where appropriate, latest in date.
The requirements of paragraph (1) shall, as regards a particular period of 12 months, be complied with not later than 3 months after the expiration of that period.
No boxing or wrestling contests shall be held in any structure or place licensed for a public entertainment, without the special permission in writing of the licensing authority endorsed on such licence.
No entertainment of a kind other than that mentioned in any licence shall be held in any structure or place licensed for a public entertainment, without the special permission of the licensing authority endorsed on such licence. This regulation shall be deemed to be a condition of every licence for a public entertainment issued under these regulations.
In the case of a temporary structure no licence will be issued for a longer period than one month, but such licence may be renewed at the discretion of the licensing authority.
(Repealed L.N. 193 of 1996)
The licensing authority, and any public officer authorized by the licensing authority, any police officer of or above the rank of inspector, the Building Authority and any public officer authorized by him, the Director of Fire Services and any fire services officer authorized by him, any health inspector and, in the case of water-borne craft, the Director of Marine and any public officer authorized by him, may enter at any time any place in respect of which an application for a licence has been received by the licensing authority or a licence has been issued in order to inspect the same for the purposes of the Ordinance.
Subject to subparagraph (b), where a licence has been granted or renewed subject to conditions, the licensing authority may—
vary any 1 or more of those conditions;
substitute any conditions for 1 or more of those conditions;
add any further conditions to those conditions.
The licensing authority shall not vary, substitute or add conditions under subparagraph (a), unless after it has consulted—
in case the condition concerned relates to premises which are under the control of the Housing Authority, the Director of Housing;
in case the condition concerned relates to a vessel, the Director of Marine; or
in case the condition concerned relates to any other premises, the Building Authority;
in case the condition concerned relates to fire safety, the Director of Fire Services; and
in case the condition concerned relates to the safety of laser equipment, the Director of Electrical and Mechanical Services,
it considers that because a change in circumstances or other matter detrimentally affects or may so affect the safety or suitability of the relevant premises for purposes of entertainment, the variation, substitution or addition is reasonable.
Where it is proposed to vary, substitute or add conditions under this regulation, the licensing authority shall before putting the proposal into effect both notify the licensee in writing of the proposal and afford him an opportunity to make representations in relation to it.
Where conditions are varied, substituted or added pursuant to this regulation—
the licensing authority shall notify the licensee concerned in writing of the variation, substitution or addition and the notification shall be sent to the licensee by registered post; and
such licensee may, within the period of 28 days after the date of the receipt by him of such notification, appeal to the Municipal Services Appeals Board as regards the variation, substitution or addition. (78 of 1999 s. 7)
Where an appeal under this regulation is made, the Municipal Services Appeals Board may dismiss the appeal if, and only if, having had regard to the provisions of paragraph (1) which relate to safety or suitability, it is satisfied that the licensing authority acted reasonably. (78 of 1999 s. 7)
Applications for licences shall be made in such manner and be in such form as the licensing authority may specify and subject to these regulations shall be accompanied by such particulars as the licensing authority may require.
A licence shall be in such form as is for the time being approved of for the purposes of these regulations by the licensing authority.
The licensing authority may, subject to such conditions as he may think fit to impose, permit the transfer of a licence to another person; and such transfer shall be endorsed on the licence.
Where a licence is granted or renewed under these regulations, then for so long as the licence remains in force, the licensee shall exhibit and keep exhibited at all times the licence in a conspicuous position at the entrance or, if there is more than one entrance, the main entrance of the premises to which the licence relates.
Every person holding a licence under these regulations who fails to comply with any of the conditions of his licence or—
where the licence is granted or renewed under regulation 3, 3A or 3B, with any of the provisions of these regulations other than Part III; (L.N. 198 of 2006)
where the licence is granted or renewed under regulation 162, with any of the provisions of these regulations other than Parts I and VI,
and every person who commits a breach of any of the provisions of these regulations for which no other penalty is imposed, shall upon summary conviction be liable to a fine at level 2 and to imprisonment for 6 months.
(Repealed L.N. 193 of 1996)
The licensing authority may cancel any licence without payment of any compensation if it is satisfied that—
any of the conditions of the licence has not been complied with;
there has been disorder at the premises to which the licence relates; or
any false or misleading statement or information was made or furnished by an applicant in connection with the application for the grant or renewal of the licence. (L.N. 198 of 2006)
Where a licence is cancelled under this regulation—
the licensing authority shall notify the person who was the holder of the licence in writing of the cancellation and the notification shall be sent to the person by registered post; and
the person may, within the period of 28 days after the date of the receipt by him of such notification, appeal to the Municipal Services Appeals Board as regards the cancellation. (L.N. 193 of 1996; 78 of 1999 s. 7)
Any holder of a licence who continues the performance of any public entertainment at the premises to which the licence relates after the receipt of a notification of cancellation under paragraph (2)(a) relating to the licence commits an offence and is liable upon summary conviction to a fine at level 2. (L.N. 198 of 2006)
Where an appeal under this regulation is made, the Municipal Services Appeals Board may dismiss the appeal if, and only if, having had regard to the matters with which the licensing authority is required to be satisfied by virtue of paragraph (1), it is satisfied that the licensing authority acted reasonably. (L.N. 193 of 1996; 78 of 1999 s. 7)
When it appears to any police officer not under the rank of Chief Inspector or to any other police officer specially authorized in that behalf in writing by the Commissioner of Police that it is necessary so to do for the protection of any person present in a place of public entertainment in an event of emergency, or for the prevention of disorder in the place of public entertainment, it shall be lawful for that officer personally to order that the place of public entertainment be temporarily closed or vacated, and upon any such order being given every member of any audience, and every other person (if any) present at the place of public entertainment shall forthwith comply with it in an orderly manner.
Any police officer not under the rank of Chief Inspector or any other police officer specially authorized in that behalf in writing by the Commissioner of Police (the first officer) may take, or cause to be taken by another police officer acting under the first officer’s personal superintendence, such steps as the first officer considers expedient, with a view to protecting any person present in a place of public entertainment in an event of emergency, or to preventing disorder in the place of public entertainment.
No claim whatsoever shall lie against the licensing authority or any police officer, or against any person assisting the police at their request or under their direction, in respect of anything done by virtue of this regulation.
Cinematograph theatres shall be used for the exhibition of films only and shall not be used for any other purpose without the express permission in writing of the licensing authority.
(Repealed L.N. 193 of 1996)
(Repealed L.N. 9 of 1970)
When it appears to the licensing authority that a place of public entertainment is to be kept or used by any of the following— (L.N. 193 of 1996)
a religious, charitable or welfare body, organization or institution recommended for purposes of this regulation either by the Director of Home Affairs or by a public officer who is for the time being designated in writing as being an officers for such purposes by that Director; and (L.N. 193 of 1996)
an educational institution or organization so recommended either by the Permanent Secretary for Education or by a public officer who is for the time being designated in writing as being an officer for such purposes by the Permanent Secretary for Education, (L.N. 193 of 1996; 3 of 2003 s. 22; L.N. 130 of 2007)
the licensing authority may reduce or waive the fee payable in respect of any licence therefor. (G.N.A. 102 of 1954; L.N. 22 of 1969; L.N. 94 of 1974; L.N. 29 of 1977; L.N. 135 of 1982; L.N. 216 of 1983; L.N. 67 of 1985; L.N. 39 of 1985; 47 of 1994 s. 5)
(Repealed L.N. 193 of 1996)