Who's "in-charge" here?
The podcast
In this 7 min podcast I discuss in outline the vaccine pass regulations in Hong Kong as to challenges now faced by a “person-in-charge” of a specified premises and what they may mean. "Person in charge" (a)in relation to any specified premises, means the person who is responsible for the management or is in charge or control of the premises;" note: this is not applicable to specified public transport carriers
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Extending a Food Business
The podcast
In this 6 minute podcast I swiftly cover how "extending” a food business outside of a licensed premises boundary may represent a danger to the licence itself. As Covid closure orders, business trading limits and even a desire for fresh air are increasingly forcing customers onto the streets the law may not be quite as friendly to such activity as some people think.
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F&B Notice update
The podcast
In this podcast I talk about some of the (many) notices required in Hong Kong with a focus on Liquor, Food and Covid regulations. Please follow the link below for list of notices discussed: https://www.ajhalkes.com/notices
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What's a Reserve Licensee and why have one?
The podcast
It pays to have a back up plan to protect your business ahead of staff “departures“ for whatever reason. Following my discussion of "temporary absences" the "reserve licensee" is a formal appointment, of an individual, to step into the shoes of the liquor licensee if or when needed. This adds continuity, speeds up processing time on applications and can even smooth over the process of transferring a liquor licence. The form can be found below: https://www.ajhalkes.com/fehb266
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Temporary Absence - Liquor Licensee
The podcast
Being a Liquor Licence holder comes with responsibilities on both the business front and the legal compliance front. In this podcast I run through the process of applying for a "temporary absence" as a Liquor Licence holder and thereby temporarily passing legal responsibilities to another individual. This can be for a number of reasons as discussed in the podcast; as we all need a break from time to time. https://www.fehd.gov.hk/english/forms/fehb239.pdf
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What is the Liquor Licensing Board?
The podcast
I get many questions about Liquor Licensing Board hearings and what happens at them. This podcast is a dip into those hearings, when they occur, procedures involved and how they are normally held. The podcast is slightly longer than usual as there’s a fair bit involved.
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Liquor Licensing Appeals in Hong Kong
The podcast
The Municipal Services Appeals Board decides Appeals in Hong Kong related to licensed premises and is where the practice on liquor sale has mainly evolved. This podcast gives you an outline understanding of how the Board is made up, who can file for an appeal, timelines and how it operates.
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"Take-away" Appeals - Find out what it means for you
The podcast
In this podcast I look at the question of "When might take-away liquor bans be imposed?" and discuss two recent important Appeal decisions. Restrictive licensing conditions can cause a major negative impact on business, where delivery platforms are vital to many operators, and Covid related factors have added complexities; making this topic more relevant than ever.
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F&B inspection: what's next?
The podcast
Official visits to F&B premises in any form can be a challenge to manage and you need to ensure that you act appropriately. In this short update I share a few thoughts as HK sees increased Government visits being made to businesses due to "covid". (latest Covid regulations): https://www.gld.gov.hk/egazette/pdf/20212528e/egn2021252872.pdf (CCTV guidance): https://www.pcpd.org.hk/english/resources_centre/publications/files/GN_CCTV_Drones_e.pdf
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Final Clarity on Mosquito Prevention for Contractors and Construction Sites
The podcast
The recent judgement in HCMA597/2019 (handed down on September 23, 2020) contains significant guidance for the construction industry and provides confirmation of what this writer has always believed to be the case, in respect of the steps and measures required to prevent mosquito breeding at law; in order to mount an effective defence to a prosecution under s.27(3) of the Public Health and Municipal Services Ordinance, Cap. 132.
info_outlineI discuss why a Bar Endorsement on your liquor licence matters from 6pm tonight and add some thoughts about the regulations including “bar” or “over the counter“ interactions. <p>------------------------------------------------</p>
<p>G.N. (E.) 23 of 2020</p>
<p>PREVENTION AND CONTROL OF DISEASE (REQUIREMENTS AND DIRECTIONS) (BUSINESS AND PREMISES) REGULATION</p>
<p>Directions in Relation to Catering Business</p>
<p>I hereby exercise the power conferred on me by section 6 of the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation to direct that, during a period of 14 days beginning at 6:00 p.m. on 3 April 2020:</p>—
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<p>1. Any premises (commonly known as bar or pub) that is exclusively or mainly used for the sale or supply of intoxicating liquors as defined in section 53(1) of the Dutiable Commodities Ordinance (Cap. 109) (“intoxicating liquors”) for consumption in that premises must be closed.</p>
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<p>2. Where a catering business sells or supplies food or drink for consumption on its premises, any part of the premises that is exclusively or mainly used for the sale or supply of intoxicating liquors for consumption in that part must be closed.</p>
<p>(2 April 2020 Secretary for Food and Health)</p>