prov_all_30.doc

A Guide to Application

for

Provisional Licences

(Non-restaurant Food Licences)

Food and Environmental Hygiene Department

PROVISIONAL LICENSING SYSTEM FOR

FOOD FACTORY, FACTORY CANTEEN, SIU MEI AND LO MEI SHOP,

FRESH PROVISION SHOP, COLD STORE, BAKERY,

FROZEN CONFECTION FACTORY AND MILK FACTORY

INTRODUCTION

1. With effect from 13.11.98, the licensing authority may, if such applications are made, issue

Provisional L

icences in respect of the above types of food business to prem

ises which have

met all essent

ial health, ventilation, building and fire services requirements for th

e issue of

provisional licences i

mposed by all the departments c

oncerned. This enables applicants to

mmence their business on a provisional basis following certification of comp

liance of

essential r

equirements, pending the issue of full licenc

es.

APPLICATION AND LICENSING PROCEDURES

2. Application for a provisional licence is entirely optional. If one opts for a provisional

licence, he sh

ould submit the application at the same time as he ap

plies for a full licence.

Application for a provisional licence without applying for a full licence will not be

considered by the licensing authority.

3. The licensing procedures of application for provisional licences are same as those of

application for full licences

except that after the issue of the letter of requirement

s, the

applicant is required to report compliance by submission of certifications by authorised

persons.

CRITERIA FOR ISSUE

4. The licensing authority will issue a provisional licence if :-

(a) there is no objection i

n principle to the application for a full licence.

(b) the applic

ant has been issued with a list of essential licensing requirements, i.e.

requirements of building & health, fire services and ventilations, for the issue of a

provisional licence; and

pliance with the provisional licensing requirements from

the applicant enclosing relevant certificat

ions by professionals in prescribed form

s, the

licensing authority is satisfied that all essential requirements have been met.

Notes :

1. Sa

mple of the “report of compliance” form is at Appendix A.

2. Samples of the prescribed forms for certification by professionals are at Appendices B to

(Forms required depend on types of licence applied)

5. The following professional persons are recognised by the licensing authority for the

purpose of certification for the issue of provisional licences :-

Building & Health Requirements

(a) authorised persons or registered structural engineers registered under the Buildings

Ordinance in respect of hea

lth and building safety requirem

ents;

Fire Services Requirements

(b) fire service installation contractors registered under the Fire Services Ordinance in

respect of fire

service installations and equipm

ent; and

Ventilation Requirements

ventilating systems. A list of the authorised persons and registered structural engineers,

fire service installation contractors and ventilation contractors is kept at the respective

Licensing Offices for reference.

Validity & Renewal

6. A provisional licence shall be valid for six months. The licensing authority may in

exceptional circumstances renew, before it expires, a provisional licence for only

a further

period not exceeding six

months, if it is satisfied that the non-comp

liance with the outstanding

require

ments for the issue of a full licence is due to factors beyond the reasonable control of

the licensee,

his contractors and his agents.

Examples of such circumstances are :-

(a) the processing of the full licence application being hindered

by a cause which is not

attributable to the act, default or om

ission of

the licensee, his contractors and his agents;

and

(b)

the occurrence of such events as labour strikes, curfews and natural disasters.

7. Applicants who intend to apply for renewal of a provisional licence should submit an

application three weeks before the expiry of the licence with evidence to show

that the failure

to comply with the full licence requirements is due to above-mentioned circumstances.

Transfer

8. A provisional licence is not transferable except with the consent of the licensing authority.

The existing policies and guidelines governing the transfer of full licences will apply to

application for the transfer of provisional licences.

Licence Fee

9. The licence fee for the issue and renewal of a provisional licence shall be 50% of the fee

for a full licence. Nevertheless, if a full licence is issued during the validity period of

provisional

licence, refund of part of the fee paid in respect of the provisional licence will be

made on a pro-rata basis.

Monitoring

10. Premises issued with a provisional licence will be subject to the same licence conditions,

selective inspection system and licence suspension/cancellation policies operating under the

existing full licensing system

11. The licensing staff of the departments concerned will follow up on the letters of

require

ments for the issue of a full licence in accordance with their norm

al departmental

licensing procedures.

Enquiries

12. Enquiries can be made by telephone, in writing or in person to the following offices:-

Food and Environmental Hygiene Department

Hong Kong and Islands

Assistant Secretary (Other Licences),

Hong Kong and Islands Licensing Office,

8th floor, Lockhart Road Municipal Services Building,

225 Hennessy Road, Wan Chai, Hong Kong

Tel. no.: 2879 5720

Fax: 2507 2964

E-mail address: [email protected]ov.hk

Kowloon

Assistant Secretary (Other Licences),

Kowloon Licensing Office,

4th floor, Pei Ho Street Municipal Services Building,

333 Ki Lung Street, Sham Shui Po, Kowloon

Tel. No.: 2729 1298

Fax: 2789 0107

E-mail address: kln_lo@fehd.gov.hk

New Territories

Assistant Secretary (Other Licences),

New Territories Licensing Office,

4th floor, Tai Po Complex, No.8 Heung Sze Wui Street, Tai Po, New Territories.

Tel. No.: 3183 9225

Fax: 2606 3350

E-mail address: nt_lo@fehd.gov.hk

Restaurant Licensing Resource Centre

Health Inspector (Resource Centre/Provisional Licence)

Restaurant Licensing Resource Centre,

4th floor, Pei Ho Street Municipal Services Building,

333 Ki Lung Street, Sham Shui Po, Kowloon

Tel. No.: 2958 0694

Fax: 2708 9761

E-mail address: enquir[email protected]

Fire Services Department

Hong Kong Regional Office

M/F, Sheung Wan Fire Station,

2 Western Fire Services Street,

Sheung Wan, Hong Kong

Tel: 2549 8104

Fax: 2559 3461

e-mail: lchfpro2@hkfsd.gov.hk

Kowloon West Sub-Regional Office

6/F, East Wing, Tsim Sha Tsui Fire Station,

333 Canton Road, Tsim Sha Tsui, Kowloon

Tel: 2302 5339

Fax: 2302 5314

e-mail: lckfpro@hkfsd.gov.hk

New Territories Regional Office

Unit 1809-1810, 18/F, Skyline

Tower, 39 Wang Kwong Road,

Kowloon Bay

Tel: 3423 9328

Fax: 2443 1411

e-mail: [email protected]ov.hk

Kowloon East Sub-Regional Office

Unit 1809-1810, 18/F, Skyline

Tower, 39 Wang Kwong Road,

Kowloon Bay

Tel: 3423 9332

Fax: 2722 5256

e-mail: [email protected]

Ventilation Division

3/F, Fire Services Department Kwai

Chung Office Building,

No. 86 Hing Shing Road,

Kwai Chung, New Territories

Tel: 2718 7567

Fax: 2382 2495

e-mail: [email protected]

Buildings Department

Licensing Unit,

Buildings Department Headquarters, North Tower,

West Kowloon Government Offices,

11 Hoi Ting Road, Yau Ma Tei, Kowloon.

Tel: 2626 1616 (Handled by “1823”)

Fax: 3184 7956

e-mail: [email protected]

FEHB 89 (9/2016)

REPORT OF COMPLIANCE FOR THE GRANT OF

PROVISIONAL (

)

LICENCE

To : Assistant Secretary,

Hong Kong & Islands/Kowloon/New Territories* Licensing Office,

Food and Environmental Hygiene Department

Name of applicant/authorized representative*:

(English) (Mr./Ms.*)

(Chinese)

Address of premises :

Tel. no.: Fax no.:

With reference to my application for a Provisional

_______________________________________ Licence in respect of the above-mentioned

premises dated (dd/mm/yyyy), I wish to confirm that I have

complied with all licensing requirements contained in your letter referenced

_____________________ dated ________________ (dd/mm/yyyy) and the Director of Fire

Services’ letter referenced ________________________ dated __________________

(dd/mm/yyyy) and enclose herewith the following certificates of compliance :

(a) Certificate of Compliance A (Health Requirements)

*(b) Certificate of Compliance B (Building Safety Requirements)

*(c) Certificate of Compliance C (Fire Services Requirements)

*(d) Certificate of Compliance D (Ventilation Requirements) together with three

copies of ventilating system layout plans, drawn as nearly as possible to

scale, showing the final layout of the ventilating system installed in the

premises

*(e) Certificate of Compliance UBW-1 (Free of Unauthorized Building Works

Requirements)

I understand that all matters covered by the enclosed certificates are subject to

verification by the Licensing Authority.

Date (dd/mm/yyyy) Signature of applicant/

authorized representative*

* Please delete where appropriate.

SAMPLE

Appendix A

CERTIFICATE OF COMPLIANCE A

(HEALTH REQUIREMENTS)

I, ( ),

(Surname) (Other names) (Name in Chinese)

holder of Hong Kong Identity Card number ( ), being the authorized person/

structural engineer* registered under Section 3 of the Buildings Ordinance (Chapter 123) do hereby

certify and declare as follows :

In respect of the premises known as

(Shopsign in English)

( ), situated at

(Shopsign in Chinese) (Address of premises)

and being under application for a Provisional Licence

by ( ),

(Name of applicant in English) (Name of applicant in Chinese)

all health requirements listed as Category A requirements in the Letter of Requirements

addressed to the abovenamed applicant dated (dd/mm/yyyy) have

been fully complied with. I have personally verified such compliance by inspection of the

subject premises on . I have read the said Letter of

(Date of inspection) (dd/mm/yyyy)

Requirements and understand the contents thereof. I also understand that all matters covered

y this Certificate will be subject to further verification by the Licensing Authority and that if I

wilfully or negligently give false or misleading information in this Certificate, I shall render

myself to be liable to legal and/or other penalties.

Date (dd/mm/yyyy) Signature of authorized person/registered

structural engineer*

Registration number :

Expiry date of registration : (dd/mm/yyyy)

Registered address :

Name of company/partnership firm* :

(if authorized person/registered structural engineer* is an

employee/director/partner* of a company/partnership firm*)

Company chop

* Please delete where appropriate.

FEHB 90 (

9/2013)

SAMPLE

Appendix B

FEHB 91 (6/2021) 1

CERTIFICATE OF COMPLIANCE B

(BUILDING SAFETY REQUIREMENTS)

I, ( ),

(Surname in English) (Other names in English)

(Name in Chinese)

being the Authorised Person/Registered Structural Engineer* registered under section 3 of the

Buildings Ordinance (Cap. 123) do hereby certify:

(1)

In respect of the premises known as

(Shop sign in English)

( ), and situated at

(Shop sign in Chinese)

(Address of premises)

and being under application for a Provisional Licence

by ( ),

(Name of applicant in English)

(Name of applicant in Chinese)



all Category B building safety requirements listed in the Letter of Requirements

addressed to the abovenamed applicant dated (dd/mm/yyyy)

(Note 1)

have been fully complied with. or



all building safety requirements listed in the Memorandum issued by the Buildings

Department (BD)/Independent Checking Unit (ICU)* and copied to the abovenamed

applicant dated (dd/mm/yyyy)

(Note 2)

(file ref.: _______________)

have been fully complied with.

I personally inspected the premises on ______________________ (dd/mm/yyyy) for the

(Date of inspection)

purpose of making the certification, and have read the said Letter of Requirements and/or

Memorandum issued by the BD/ICU* and understood the contents thereof.

*(2)

That the address of the premises and the description of the minor works in the following

submission records are correct for the subject premises and all the minor works items required

under the aforesaid building safety requirements have been covered. Copies of the following

submission records for the aforesaid minor works items are attached herewith:



Notice of Commencement of Class I and/or Class II* Minor Works (MW01 and/or

MW03*) together with record photos.



Notice of Commencement of Additional Class I and/or Class II* Minor Works (MW11

and/or MW12*) together with record photos.



Certificate of Completion of Class I and/or Class II* Minor Works (MW02 and/or

MW04*) together with record photos.



Notice and Certificate of Completion of Class III Minor Works (MW05) together with

record photos.



Submission of Supplementary Documents or Information of Minor Works (MW33).

Note 1:

Date of the Letter of Requirements issued by the Food and Environmental Hygiene Department, whichever is

the latest, should be stated.

Note 2:

Date of the Memorandum issued by the BD/ICU, whichever is the latest, should be stated.

Please delete where appropriate.



Please tick the appropriate box(es).

SAMPLE

Appendix C

FEHB 91 (6/2021) 2

I understand that matters covered by this Certificate will be subject to further verification by the

Licensing Authority. If I provide information that is false or misleading in a material particular or

furnish the Director of Food and Environmental Hygiene, an authorised officer or a public officer with

information knowing that it is false or misleading in a material particular in this Certificate, I shall

render myself liable to disciplinary action under section 7 of the Buildings Ordinance (Cap. 123)

and/or other legal penalties.

Date (dd/mm/yyyy)

Signature and full name

of Authorised Person/

Registered Structural Engineer*

Certificate of registration No.

Date of expiry of registration

: (dd/mm/yyyy)

Correspondence address:

Contact telephone number:

Contact fax numbers:

Contact email address:

Name of company/partnership firm*:

(if Authorised Person/Registered Structural Engineer* is an employee/director/partner* of a

company/partnership firm*)

Company Chop

In accordance with the registration record.

Please delete where appropriate.

FEHB 91 (6/2021) 3

Collection of Personal Data in Connection with

Application for Food Business and Other Trade Licences or

Application for Alteration to the Approved Plan of Licensed Premises

(In accordance with the Personal Data (Privacy) Ordinance)

Statement of Purpose

1. Purposes of Collection

The personal data provided by means of this form will be used by the Food and Environmental Hygiene

Department (FEHD) for:

(a) activities relating to applications for the issue of food business and other trade licences/permits

made to the FEHD;

(b) activities relating to applications for alteration to the approved plan of licensed premises made to

the District Environmental Hygiene Office/Licensing Section of the FEHD; and

concerning compliance with the laws and regulations applicable to the food business and other

trades.

The provision of personal data by means of this form is voluntary. However, if you do not provide

sufficient information, the FEHD may not be able to process your application.

2. Class of Transferees

The personal data which you have provided by means of this form may be disclosed to other government

departments, bureaux, organisations or any persons for the purposes mentioned in paragraph 1 above.

3. Access to Personal Data

You have the right of access and correction with respect to the personal data as provided under Personal

Data (Privacy) Ordinance. Request for personal data access and correction should be addressed to

FEHD. FEHD has the right to charge a reasonable fee for the processing of any data access request.

4. Enquiries

Enquiries concerning the licence application, including the personal data collected by means of this form,

should be addressed to the officer in charge of the respective Licensing Offices of the Department:

Hong Kong & Islands

Assistant Secretary, Licensing Office

Hong Kong & Islands Licensing Office,

8/F, Lockhart Road Municipal Services Building,

225 Hennessy Road,

Wanchai, Hong Kong

Tel. No.: 2879 5712

Kowloon

Assistant Secretary, Licensing Office

Kowloon Licensing Office,

4/F, Pei Ho Street Municipal Services Building,

333 Ki Lung Street,

Sham Shui Po, Kowloon

Tel. No.: 2729 1293

New Territories

Assistant Secretary, Licensing Office

New Territories Licensing Office,

4/F, Tai Po Complex, 8 Heung Sze Wui Street,

Tai Po, New Territories

Tel. No.: 3183 9234

FEHB 92 (6/2014)

CERTIFICATE OF COMPLIANCE C

(FIRE SAFETY REQUIREMENTS)

Part 1

I/We*, (a) ( ) (HKID No.: ),

(Surname) (Other Names) (Name in Chinese)

(b) ( ) (HKID No.: ),

(Surname) (Other Names) (Name in Chinese)

and (c) ( ) (HKID No.: ),

(Surname) (Other Names) (Name in Chinese)

being the fire service installation contractor(s) registered under Regulation 3 of the Fire Service

(Installation Contractors) Regulations (Cap. 95A) and I,

( ),

(Surname) (Other Names) (Name in Chinese)

holder of Hong Kong Identity Card number , being the

authorised person/structural engineer* registered under Section 3 of the Buildings Ordinance (Cap.

123), both do hereby certify and declare as follows :

In respect of the premises known as

(Shopsign in English)

( ), situated at

(Shopsign in Chinese) (Address of Premises)

and being

under application for a Provisional Licence

by ( ),

(Name of Applicant in English) (Name of Applicant in Chinese)

all fire safety requirements listed as Category C requirements in the Letter of Requirements

addressed to the abovenamed applicant by the Director of Fire Services (D of FS) dated

_ (dd/mm/yyyy) have been fully complied with. We

have personally verified such compliance by inspection of the subject premises on

_ (dd/mm/yyyy) and (dd/mm/yyyy) respectively.

(Date of Inspection by Fire

Service Installation Contractor)

(Date of Inspection by Authorised

Person/Registered Structural Engineer*)

We have read the said fire safety requirements and understand the contents thereof. We

also understand that all matters covered by this Certificate will be subject to further verification

by the Licensing Authority and the Fire Services Department (FSD) and that if we wilfully or

negligently give false or misleading information in this Certificate, we shall render ourselves

liable to legal action and/or other penalties.

 Certificate(s) of Fire Service Installations and Equipment (FS 251) is/are enclosed.

 Fire Service Installation (FSI) Plans (FSI/314A), FSI Plans for Prescribed Commercial

Buildings (FSI/314B), FSI Plans for Composite Buildings/Domestic Buildings (FSI/314C)

is/are enclosed.

Please delete where appropriate.

 Please tick the appropriate box

SAMPLE

Appendix D

FEHB 92 (6/2014)

(a) Signature of the fire service installation contractor or its authorised representative if the fire

service installation contractor is a company/partnership firm*:

Company Chop Signature

Registration Number (Name and HKID No.

of the authorised representative)

Date (dd/mm/yyyy)

(b) Signature of the fire service installation contractor or its authorised representative if the fire

service installation contractor is a company/partnership firm*:

Company Chop Signature

Registration Number (Name and HKID No.

of the authorised representative)

Date (dd/mm/yyyy)

service installation contractor is a company/partnership firm*:

Company Chop Signature

Registration Number (Name and HKID No.

of the authorised representative)

Date (dd/mm/yyyy)

(d) Signature of authorised person/registered structural engineer or its authorised representative

if authorised person/registered structural engineer* is an employee/director/partner* of a

company/partnership firm*:

Company Chop Signature

Date (dd/mm/yyyy) (Name and HKID No.

of the authorised representative)

Registration number:

Expiry date of registration :

Registered address :

(dd/mm/yyyy)

Name of company/partnership firm* :

* Please delete where appropriate.

SAMPLE

FEHB 92 (6/2014)

Part 2 -

For food business licence application only (to be completed by the applicant)

 I hereby declare that there are no polyurethane (PU) foam filled mattresses and upholstered

furniture in the subject premises.

For PU Foam Filled Mattresses and Upholstered Furniture Used in the Subject

Premises

 (1) I declare that the PU foam filled mattresses and upholstered furniture (“the said

furniture”) used in the subject premises do conform to the standards as stipulated in the

fire safety requirements issued to me by D of FS

dated (dd/mm/yyyy);

(2) I warrant that there are relevant invoice(s) and test certificate(s) of the said furniture to

prove that the said furniture do conform to the standards as stipulated in the fire safety

requirements issued by D of FS;

(3) If the relevant invoice(s) and test certificate(s) of the said furniture cannot be produced

during the FSD’s verification inspection, I shall produce the relevant delivery note(s)

of the said furniture to FSD as an interim measure and undertake to produce the

relevant invoice(s) and test certificate(s) to FSD for verification within 8 weeks from

the date of the verification inspection; and

(4) I acknowledge that the Licensing Authority shall have the right and absolute discretion

to refuse to grant a Provisional Licence to me or cancel the Provisional Licence issued

to me at any time if I fail to produce the relevant delivery note(s), invoice(s) or test

certificate(s) as and when required.

I understand and acknowledge that the Licensing Authority and FSD shall have the right to

investigate and verify any information, delivery note(s), invoice(s) or test certificate(s) provided

and produced pursuant to this Certificate of Compliance and that I shall be subject to sanctions

including but not limited to the refusal of the grant of a Provisional Licence or immediate

cancellation of the Provisional Licence if I provide any information or produce any delivery

note(s), invoices(s) and test certificate(s) which may be false or misleading.

Signature of applicant:

( )

Name of applicant (Name in Chinese) Signature/Company Chop

Date (dd/mm/yyyy) (Certificate of Incorporation No./

HKID No. of the applicant)

 Please tick the appropriate box.

# The delivery note must contain a list of the concerned PU foam filled mattresses and upholstered furniture with details of types, quantity and

colour.

SAMPLE

CERTIFICATE OF COMPLIANCE D

(VENTILATION REQUIREMENTS)

I, ( ),

(Surname) (Other names) (Name in Chinese)

holder of Hong Kong Identity Card number ( ),

eing the registered

specialist contractor (ventilation works category) under Section 8A of the Buildings Ordinance

(Chapter 123) do hereby certify and declare as follows :

In respect of the premises known as

(Shopsign in English)

( ), situated at

(Shopsign in Chinese) (Address of premises)

and

being under application for a Provisional Licence

by ( ),

(Name of applicant in English) (Name of applicant in Chinese)

all ventilation requirements listed as Category D requirements in the Letter of Requirements

addressed to the abovenamed applicant dated have been fully complied with.

(dd/mm/yyyy)

I have personally inspected the subject premises and verified the compliance of the

requirements against the ventilating system layout plan (drawing

no. ), 3 copies attached,

on . I have read the said Letter of Requirements and

(Date of inspection) (dd/mm/yyyy)

understand the contents thereof. I also understand that all matters covered by this

Certificate will be subject to further verification by the Licensing Authority and that if I

willfully or negligently give false or misleading information in this Certificate, I shall

render myself to be liable to legal and/or other penalties.

Date (dd/mm/yyyy) Name in BLOCK letters and authorized signature

of registered specialist contractor

(ventilation works category)

Registered address :

Name of company/partnership firm* :

(if the ventilation contractor is a company/partnership*)

Contact telephone no. (Contractor):

Contact telephone no. (Applicant):

Company chop

* Please delete where appropriate.

FEHB 93 (9/2013)

SAMPLE

Appendix E