Cap. 172D 《公眾娛樂場所(豁免)令》Places of Public Entertainment (Exemption) Order

生效中
版本日期: 2015-05-22

Places of Public Entertainment (Exemption) Order

(Cap. 172, section 3A)

(Enacting provision omitted—E.R. 1 of 2012)

[15 January 2003] L.N. 175 of 2002

(Format changes—E.R. 1 of 2012)

1. (Omitted as spent—E.R. 1 of 2012)

2. Exemption for places managed by Leisure and Cultural Services Department and Home Affairs Department

A place that is under the management of the Leisure and Cultural Services Department or the Home Affairs Department is exempt from the operation of sections 4 and 11 of the Ordinance.

2A. Exemption for places managed by The Legislative Council Commission

(1)

A place that is under the management of The Legislative Council Commission is exempt from the operation of sections 4 and 11 of the Ordinance.

(2)

In this section—

The Legislative Council Commission (立法會行政管理委員會) means The Legislative Council Commission established by section 3 of The Legislative Council Commission Ordinance (Cap. 443).

(L.N. 183 of 2011)

2B. Exemption for places managed by Judiciary

A place that is under the management of the Judiciary is exempt from the operation of sections 4 and 11 of the Ordinance.

(L.N. 55 of 2015)

3. Exemption for places issued with a liquor licence

(1)

A place, other than a place to which section 4(1)(a) applies, in respect of which there is in force a liquor licence granted under the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub. leg. B), being a liquor licence that—

(a)

permits dancing activities to be held in the place; and

(b)

has effect subject to a condition that stipulates the maximum number of persons that may at any one time be present in the place,

is exempt from the operation of sections 4 and 11 of the Ordinance as regards any dance party.

(2)

The exemption granted under subsection (1)—

(a)

has effect only for the hours during which the sale of liquor is permitted under the terms of the liquor licence;

(b)

ceases to have effect if at any time during the dance party there is a failure to comply with any condition of the liquor licence.

4. Exemption for clubs issued with a certificate of compliance

(1)

A place that is a club-house within the meaning of that term as it is used in the Clubs (Safety of Premises) Ordinance (Cap. 376), and in respect of which there is in force—

(a)

a certificate of compliance issued under that Ordinance that—

(i)

designates an area of the club-house within which dancing activities are permitted; and

(ii)

imposes a condition that stipulates the maximum number of persons that may at any one time be present in the club-house; and

(b)

a liquor licence granted under the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub. leg. B),

is exempt from the operation of sections 4 and 11 of the Ordinance as regards any dance party.

(2)

The exemption granted under subsection (1) ceases to have effect if at any time during the dance party there is a failure to comply with any condition of the certificate of compliance or the liquor licence.

5. Exemption for places issued with a public dance-hall licence

(1)

A place in respect of which there is in force a public dance-hall licence granted under the Miscellaneous Licences Ordinance (Cap. 114) is exempt from the operation of sections 4 and 11 of the Ordinance as regards any dance party.

(2)

The exemption granted under subsection (1) ceases to have effect if at any time during the dance party there is any breach of the Miscellaneous Licences Ordinance (Cap. 114) or the Miscellaneous Licences Regulations (Cap. 114 sub. leg. A) or any condition of the licence.