guide to application - hadla · guide to application for a permit or a licence under karaoke...
TRANSCRIPT
Guide to Application
For a Permit or a Licence under
Karaoke Establishments Ordinance (Cap. 573)
Home Affairs Department
Office of the Licensing Authority
(May 2014)
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application i
The Karaoke Establishments Ordinance (Cap. 573)
Guide To Application
TABLE OF CONTENT
Part A : General Page
1. Introduction 1
2. Who is the Licensing Authority? Permit or Licence? 1
(a) Hotels, guesthouses, & club-houses: Permits 1
(b) Restaurants: Permits 1
(c) Premises other than the above: Licences 2
(d) Provisional permits & provisional licences 2
3. General Exemption 2
(a) Exemption 2
(b) Application for exemption 3
4. Transitional Arrangement 3
5. Enquiries 3
6. Relevant Legislation 3
Important Note 4
Part B : Application for issue
1. General Information 5
(a) Applicant and authorized representative 5
(b) Fire safety training to personnel 5
(c) Preparation of a short fire safety film 5
(d) Decoration and fitting-out works 6
(e) Unauthorized building works 6
(f) Other approvals, consents and agreements 6
2. Restrictions on Choice of Premises 6
3. Application Procedures 7
(a) Forms 7
(b) Layout plans 7
(c) Declaration 7
(d) Fees 7
4. Processing Application 8
(a) Preliminary checking 8
(b) Notification of health, fire safety and building safety requirements 8
(c) Upgrading works 8
(d) Completion inspection 8
(e) Certification of plans 9
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application ii
5. Conditions Imposed on a Permit/Licence 9
6. Processing Time and Performance Targets 9
7. Validity Period of a Permit/Licence 10
8. Refusal 10
Part C : Renewal
1. General Information 11
2. Renewal Forms 11
3. Documents 11
4. Alterations and Additions 11
5. Validity Period of a Permit/Licence on Renewal 12
6. Fees 12
7. Processing Time and Performance Targets 12
Part D : Provisional Permit / Provisional Licence
1. General Information 13
2. Application Procedures 13
3. Criteria for Issue 13
4. Fees 14
5. Validity Period 14
6. Renewal 14
Part E : Miscellaneous
1. Transfer 15
2. Change of Particulars on a Permit/Licence 15
3. Refund of Fees 16
4. Appeal 16
APPENDICES
I Enquiry Centres
II Health Requirements
III Fire Safety Requirements
IV Building Safety Requirements
V Sample of Licensing Conditions
VI Scale of Fees
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 1
The Karaoke Establishments Ordinance (Cap. 573) Guide to Application
Part A : General
1. Introduction
According to the Karaoke Establishments Ordinance (Cap. 573), subject to
paragraph 3 below, any person who intends to keep, manage, operate or
otherwise have control of a karaoke establishment must either obtain a
permit or a licence from the Licensing Authority.
This Guide aims to provide guidelines on the application procedures for a
permit or a licence for karaoke business operators.
2. Who is the Licensing Authority? Permit or Licence?
Depending on where the karaoke establishment is situated, the applicant
shall either apply for a permit or a licence. There are two Licensing
Authorities for different kinds of karaoke establishments: the Secretary for
Home Affairs and the Director of Food and Environmental Hygiene.
The licensing works of the Secretary for Home Affairs are done through the
Office of the Licensing Authority of Home Affairs Department (“HAD”)
whereas those of the Director of Food and Environmental Hygiene are
carried out by the Food and Environmental Hygiene Department (“FEHD”).
(a) Hotels, guesthouses, & club-houses: Permits
If a karaoke establishment is situated at any hotel or guesthouse that has
been issued with a licence under the Hotel and Guesthouse Accommodation
Ordinance (Cap. 349); or
If a karaoke establishment is situated at any club-house that has been
issued with a certificate of compliance under the Clubs (Safety of Premises)
Ordinance (Cap. 376),
HAD is responsible for the grant of a karaoke establishment permit. A
karaoke establishment permit will only be valid so long as the licence or
certificate of compliance in respect of the premises remains valid.
(b) Restaurants: Permits
If a karaoke establishment is situated at a restaurant that has been granted
with a licence under the Public Health and Municipal Services Ordinance
(Cap. 132),
FEHD is responsible for the grant of a karaoke establishment permit. A
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 2
karaoke establishment permit will only be valid so long as the restaurant
licence remains valid. Regarding all the licensing procedures and
requirements of FEHD, please refer to their enquiry centres listed at
Appendix I.
(c) Premises other than the above: Licences
If a karaoke establishment is situated at any premises other than (a) or (b)
above,
HAD is responsible for the issue of a karaoke establishment licence.
A karaoke establishment licence is not applicable to those karaoke
operations serving meals or liquor within the premises. Since serving
meals and/or liquor need licences issued under other Ordinances, a karaoke
establishment permit granted under paragraph (a) or (b) above would be
more appropriate.
(d) Provisional permits & provisional licences
When applying for a karaoke establishment permit or licence, the applicant
may, at the same time or before issue of the formal permit or licence, apply
for a provisional permit/licence to operate the karaoke establishment. For
details please see Part D of this Guide.
3. General Exemption
Certain types of karaoke establishments are exempted from the
requirements of permits or licences under the Karaoke Establishments
Ordinance.
(a) Exemption
Section 3(1) of the Karaoke Establishments Ordinance provides that the
Ordinance shall not apply to any karaoke establishment --
(i) in premises where the karaoke activity is carried on in not more than 3
rooms with an aggregate floor area of not more than 30 m2;
(ii) in concert halls, theatres, auditoria and community halls in respect of
which a licence has been granted and is for the time being in force
under section 4 of the Places of Public Entertainment Ordinance (Cap.
172) or which are the subject of an order made under section 3A of
that Ordinance that is for the time being in force; or
(iii) exempted by an order of the Licensing Authority under section 3(2) of
the Karaoke Establishments Ordinance that is for the time being in
force.
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 3
(b) Application for exemption
In respect of subparagraph (a)(iii) above, a karaoke operator may apply to
the Licensing Authority for exemption. (Please refer to paragraph 2 of this
Part for the appropriate authority to write to.)
To facilitate the Licensing Authority to consider an application, the applicant
should submit the layout plans of the premises concerned, description of the
mode of the operation and safety measures, or equipment provided in the
premises.
The Licensing Authority may agree or refuse to, under section 3(2) of the
Karaoke Establishments Ordinance, exempt the premises, and will inform
the applicant in writing. For those karaoke establishments that are not
exempted, their operators have to apply for permits or licences in
accordance with the normal procedure.
4. Transitional Arrangement
Any person who, prior to the commencement date of the Karaoke
Establishments Ordinance (that is 8th January 2003), has been operating,
keeping, managing or otherwise controlling a karaoke establishment (the
“existing operator”) may continue to operate that karaoke establishment
without a valid permit or licence for a transitional period of 12 months from
the commencement date:
During the transitional period, the existing operators will have to apply for
permits or licences under the Karaoke Establishments Ordinance.
The existing operators must provide evidence to the Licensing Authority
showing that their karaoke establishments have been in operation before the
commencement date.
5. Enquiries
For further enquiries concerning applications of karaoke establishment
permits or licences, please approach the Licensing Offices or the Restaurant
Licensing Resource Centre listed at Appendix I.
6. Relevant Legislation
Applicants may purchase a copy of the Karaoke Establishments Ordinance
(Cap. 573), the Karaoke Establishments (Licensing) Regulation, and the
Karaoke Establishments (Fees) Regulation through the following channels:
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 4
- visit the Publication Sales Unit of Information Services Department at
Room 626, 6/F, North Point Government Offices, 333 Java Road, North
Point (Tel: 2537 1910)
- the online Government Bookstore at www.bookstore.gov.hk
- by email at: [email protected]
Applicants may access to all relevant legislation from the website of the
Department of Justice at http://www.legislation.gov.hk.
Important Note
(1) This is not a legal document. Information contained in this Guide is for reference only. All applications for issue, renewal and transfer of the karaoke establishments permits / provisional permits or licences / provisional licences are processed in accordance with the Karaoke Establishments Ordinance (Cap. 573) and its subsidiary regulations, the Karaoke Establishments (Licensing) Regulation and Karaoke Establishments (Fees) Regulation.
(2) It is an offence under the Karaoke Establishments Ordinance if any person keeps, manages, operates or otherwise has control of a karaoke establishment without a licence/permit or a provisional licence/permit. The person convicted of the offence is liable, on first conviction, to a fine of HK$50,000 and to imprisonment for 6 months and in the case of a second or subsequent conviction, to a fine of HK$100,000 and to imprisonment for 1 year. In the case of a conviction of a continuing offence, a further daily fine of HK$2,000 per day during which the offence continues may be imposed.
(3) Applicants, while having dealings of any kind with the Government departments, should not offer advantage to the Government officers. Persons offering advantages may commit an offence under the Prevention of Bribery Ordinance (Cap.201). According to the Prevention of Bribery Ordinance, "advantages" include any gift, loan, fee, reward, etc. Please refer to Section 2 of the Prevention of Bribery Ordinance for the definition of "advantages".
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 5
Part B : Application for issue
1. General Information
Before making an application, the applicant must determine whether he/she
is applying for a permit or a licence. Please refer to paragraph 2 of Part A
of this Guide for details.
(a) Applicant and authorized representative
The applicant can be an individual, a body corporate (i.e. a limited company)
or a partnership.
If the applicant is an individual, he/she must be a “fit and proper” person
suitable to keep, manage, or have control of a karaoke establishment.
The application will be referred to the Hong Kong Police Force for checking
in parallel.
If the applicant is a body corporate (i.e. a limited company) or a partnership,
then the applicant must authorize an individual to submit the application.
This authorized representative must be a “fit and proper” person as stated
above. The permit/licence will be issued to the applicant as a grantee or
licensee, and the name of the authorized representative will also appear on
the permit/licence.
(b) Fire safety training to personnel
The applicant must ensure that at least one person from the management
level of the karaoke establishment has attended a fire safety training course
recognized by the Director of Fire Services. For details of the fire safety
training, please contact the Fire Services Department at the address and
telephone number listed at Appendix I.
The name of the person trained and details of the training courses must be
submitted to the Licensing Authority for approval.
(c) Preparation of a short fire safety film
It is a requirement for all karaoke establishments that a short fire safety film
must be shown to all customers before they start any karaoke activities.
The aim of showing this film is to introduce customers to the safety
equipment in the premises, the means of escape in emergency and the
related arrangements. Such safety film and the mode of operation have to
be submitted to the Licensing Authority for prior approval.
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 6
(d) Decoration and fitting-out works
The Licensing Authority will process all applications with reference to the
latest plans approved by the Buildings Department. All alterations and
additions (except exempted building works) to the premises must first obtain
approval of the Buildings Department. No works should be commenced
without the consent from the Buildings Department. For enquiries on the
alterations and additions (building works), please refer to the Buildings
Department at the address and telephone number listed at Appendix I.
(e) Unauthorized building works
If there is any unauthorized building works (i.e. works that have not been
approved by the Buildings Department) in the karaoke establishment
premises, the Licensing Authority may consider that the premises are not
suitable for a karaoke establishment, and a permit/licence may not be
issued.
(f) Other approvals, consents and agreements
The grant or issue of a permit or licence for any karaoke establishment does
not act as a waiver of any terms in the leases or licences issued by the
Government Departments. There may also be other restrictions or
covenants governing the use of the premises, such as the Deed of Mutual
Covenants (DMC) of a building. The applicants should seek their own legal
advice.
2. Restrictions on Choice of Premises
The Licensing Authority will not normally grant or issue any karaoke
establishment permit or licence to certain premises which are associated
with high fire risks or to which access for purpose of making rescue in case
of emergency is difficult. For example, the following premises are not
suitable for a karaoke establishment:
(i) Basement level 4 or below;
(ii) Industrial buildings including their godowns (except the commercial
zone on lower floors which are separated from the industrial zone on
upper floors by a buffer zone of non-fire-hazardous use (e.g. carpark or
refuge floors) of a composite industrial-commercial buildings); or
(iii) Upper floors of a single staircase building.
The applicant is advised to consult a qualified building professional for
technical advice before involving in any commitments.
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 7
3. Application Procedures
(a) Forms
• For a permit : form HAD 182
• For a licence : form HAD183
The applicant must read carefully and follow the notes at the end of the
application form.
(b) Layout plans
The applicant must submit a set of plans (in triplicate):
• The plans must be drawn in metric, in a scale of not less than 1:100.
• The plans should show the layout of the karaoke establishment, the
use of all parts, all internal partitioning and doors, all escape routes,
dimensions and calculation of areas, fire service installations, sanitary
fitments, seating, furniture and fixtures, equipment and other details as
listed at section 2 of the Karaoke Establishments (Licensing)
Regulation.
• The applicant must sign on all copies of the plans to certify their
authenticity.
• If necessary, the submitted plans may be amended and endorsed (with
a date) by the applicant.
(c) Declaration
The applicant (and the authorized representative, if applicable) must make a
declaration in the application form. Please read through every part
carefully, and ensure that a true and correct declaration will be made. Any
person makes or knowingly makes a false statement shall be guilty of an
offence under the Karaoke Establishments Ordinance, and may jeopardize
the application and any permit/licence subsequently issued.
(d) Fees
Upon submission of the application form, the applicant must pay the
prescribed fee as listed at Appendix VI. However, the payment of fee does
not mean that the application has been approved, and the fee paid is not
transferable. The fee paid is for recovering the costs of processing the
application, and is not subject to pro-rata reduction even if the validity period
of the permit/licence is shorter.
The prescribed fee for a permit applies to all premises irrespective of their
sizes.
The prescribed fees for licences are set at different levels for different sizes
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 8
of karaoke establishments. The size of a karaoke establishment is
calculated according to its gross floor area, which is subject to the final
decision of the Licensing Authority. The fee paid on application may have
to be adjusted accordingly, and must be fully paid before a licence can be
issued.
4. Processing Application
(a) Preliminary checking
The applicant is advised not to commence any decoration or upgrading
works at this stage until the Licensing Authority has issued a letter of
requirements on health, fire safety and building safety.
Staff of the Office of the Licensing Authority of the Home Affairs Department
(OLA-HAD) will conduct site inspections.
If, after the preliminary checking, the Licensing Authority finds that there are
fundamental reasons for refusal (for example, the premises are not suitable
for the proposed karaoke establishment), then the application will be refused
and the applicant will be notified accordingly.
(b) Notification of health, fire safety and building safety requirements
The OLA-HAD will issue a letter of requirements to the applicant listing out
the licensing requirements, including health, fire safety and building safety
requirements which have to be complied with. (For reference, some
general requirements on health, fire safety and building safety are attached
at Appendices II, III & IV respectively.) Staff of the OLA-HAD will answer
enquiries on those requirements.
(c) Upgrading works
The applicant should expedite the upgrading works in the proposed karaoke
establishment with a view to complying with the licensing requirements.
Upon completion, the applicant should submit the “Report of Compliance” as
soon as possible to the OLA-HAD for verification.
(d) Completion inspection
After receipt of the applicant’s “Report of Compliance”, staff of the OLA-HAD
will make an appointment with the applicant to inspect the premises and
check the compliance of the licensing requirements. Any outstanding
licensing requirements will be made known to the applicant in writing. The
applicant has to rectify all the outstanding matters to the satisfaction of the
Licensing Authority.
On completion, the applicant is required to submit all the relevant certificates
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 9
in relation to the fire services, electricity, gas and ventilation installations,
and the fire-resisting construction certificates.
(e) Certification of plans
The Licensing Authority will certify the layout plans, and one set of the
certified plans will be returned to the applicant upon issue of a
permit/licence. The grantee/licensee is advised to keep the certified plans
and ensure that no alterations or additions to the premises will be carried out
before approval of the Licensing Authority has been given.
5. Conditions Imposed on a Permit/Licence
The Licensing Authority may impose conditions on a permit/licence upon its
issue. All conditions imposed shall form part of the permit/licence. The
grantee/licensee (including the authorized representative) who breaches
any of these conditions commits an offence under the Karaoke
Establishments Ordinance, and may be liable to prosecution.
A set of sample conditions is attached at Appendix V for reference.
Certain conditions may only be applicable to a particular karaoke
establishment.
The permit/licence including all the conditions imposed must be displayed at
a conspicuous position near the entrance of the karaoke establishment.
6. Processing Time and Performance Targets
The Licensing Authority has made a commitment on the processing time and
performance targets in respect of the following stages of work:
(i) Acknowledge receipt of application within 4 working days
(ii) Issue of a letter of requirements:- within 22 working days from (If no fundamental reasons for refusal) receipt of a valid application.
(iii) Compliance inspection:- within 20 working days from (By appointment with the applicant) receipt of a valid “Report of Completion”
(iv) Issue of a permit/licence:- within 8 working days after (If all the upgrading works are completed confirmation of compliance and the required documents are with all the requirements submitted to the satisfaction of the Licensing Authority.)
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 10
7. Validity Period of a Permit/Licence
A karaoke establishment permit/licence will be valid for a maximum period of
24 months.
A permit will be valid so long as the relevant licence (for a hotel or
guesthouse) / certificate of compliance (for a club-house) remains valid.
Since the expiry date of the licence / certificate of compliance may be
different from that of the permit, the karaoke establishment operator should
renew the licence / certificate of compliance on time.
8. Refusal
If the Licensing Authority refuses an application, he will first inform the
applicant of his intention to refuse with reasons in writing. The applicant
may make a written representation to the Licensing Authority explaining
his/her grounds and submit other relevant information or remedies for
consideration by the Licensing Authority.
If the Licensing Authority still decides to refuse the application, then a written
order stating the reasons of refusal will be served on the applicant.
After receipt of the formal refusal order from the Licensing Authority, the
applicant will have a right to appeal if he/she feels aggrieved by such a
decision. (Please refer to paragraph 4 of Part E of this Guide for details.)
For those existing operators (who have been operating a karaoke
establishment prior to the commencement of the Karaoke Establishment
Ordinance, i.e. 8th January 2003), they have a right to continue operating
their karaoke establishments without valid permits/licences for a period of 12
months after the formal refusal.
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 11
Part C : Renewal
1. General Information
The grantee/licensee should apply to the Licensing Authority for renewal not
less than 90 days before expiration of the permit/licence. Otherwise, the
Licensing Authority may be unable to process the renewal application before
the permit/licence expires and the permit/licence will not remain in effect.
2. Renewal Forms
Renewal forms are the same as the application forms for issue:
• For a permit : form HAD 182
• For a licence : form HAD 183
The grantee/licensee must read carefully the notes at the end of the forms.
3. Documents
Depending on the types of installations provided within the premises, certain
certificates on periodic maintenance are required to be timely submitted to
the Licensing Authority by the grantee/licensee, such as:
(i) Fire service installation annual testing certificate (FS251);
(ii) Electrical installation testing certificates (either WR1 or WR2);
(iii) Ventilation certificate.
If a permit/licence is subject to certain conditions that the grantee/licensee
must comply with during the validity period, the grantee/licensee is advised
to ensure that those requirements have been met before making an
application for renewal.
4. Alterations and Additions
The layout of a karaoke establishment must conform to its latest certified
plans unless the Licensing Authority has given prior approval. The
grantee/licensee may propose any alterations or additions at any time during
the validity period of the permit/licence for the approval of the Licensing
Authority. The proposed alterations and additions should not be carried out
without approval.
Similar to an application for issue of a permit/licence, the grantee/licensee
must submit a set of layout plans (in triplicate, with signature on each copy)
drawn in accordance with section 2 of the Karaoke Establishments
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 12
(Licensing) Regulation. The grantee/licensee may propose any alterations
or additions at that time.
5. Validity Period of a Permit/Licence on Renewal
The Licensing Authority may renew a permit/licence normally for a period of
24 months or for a lesser period. The validity period of the renewal will
commence on the next day following the expiry date of the preceding one.
6. Fees
The renewal prescribed fee is listed at Appendix VI.
For renewal of a licence, if any alterations or additions to the premises have
led to a difference in the gross floor area of the karaoke establishment, the
fee will be calculated according to the new area.
The fee paid is not transferable. The fee paid is for recovering the costs of
processing the application, and is not subject to pro-rata reduction even if
the validity period of the renewal is shorter than 24 months.
7. Processing Time and Performance Targets
The Licensing Authority has committed that for an application that is
received not less than 90 days before the expiry of the permit/licence, the
renewal, if approved, will be given before the said expiry.
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 13
Part D : Provisional Permit / Provisional Licence
1. General Information
When applying for issue of a permit/licence, the applicant may in addition
apply for a provisional permit/licence. Both applications will be processed
in parallel. The grantee/licensee of a provisional permit/licence may
operate the karaoke establishment on a provisional basis pending issue of a
formal permit/licence.
2. Application Procedures
The Licensing Authority will not consider any application for a provisional
permit/licence unless there is a concurrent application for a formal
permit/licence. The application procedures for a provisional permit/licence
are the same as that for a formal permit/licence (see Part B of this Guide).
When the provisional permit/licence is issued, the processing of the formal
permit/licence application will continue. When the formal permit/licence is
issued, the provisional permit/licence will then be cancelled.
3. Criteria for Issue
The Licensing Authority will issue a provisional permit/licence if:
(i) There is no fundamental objection to the application for a formal
permit/licence; and
(ii)a The “Report of Completion” has been submitted by the applicant, and
the Licensing Authority is satisfied that all essential licensing
requirements have been met; or
b The applicant has engaged professionals (see the box below) to
certify compliance of the licensing requirements to the Licensing
Authority.
(At this stage, for example, the letter of compliance for ventilating systems
and the updated layout plans can be outstanding.)
The following professionals are recognized by the Licensing Authority for
the purpose of certifying compliance of licensing requirements:
• Authorised persons or registered structural engineers (registered under the Buildings Ordinance) in respect of the health and building safety requirements;
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 14
• Fire service installation contractors (registered with Fire Services Department) in respect of the fire service installations and equipment;
• Registered specialist contractors (ventilation works category) (registered under the Buildings Ordinance) in respect of the ventilating systems.
A list of the authorised persons, registered structural engineers, and
registered specialist contractors (ventilation works category) is kept by the
Buildings Department; and a list of the registered fire service installation
contractors is kept by the Fire Services Department. Please refer to
Appendix I for viewing at the addresses or the web sites of the two
departments.
4. Fees
Upon submission of the application forms, the applicant must pay the
prescribed fee (see Appendix VI). The fee is in addition to the fee for a
formal permit/licence being applied for. The fee paid is not transferable.
5. Validity Period
A provisional permit/licence is normally valid for six months. (A provisional
permit will be valid so long as the relevant licence (for a hotel or guesthouse)
or certificate of compliance (for a club-house) remains valid.)
The provisional permit/licence will be cancelled upon issue of the formal
permit/licence.
If the formal permit/licence application is refused, the provisional
permit/licence will also be cancelled.
6. Renewal
A provisional permit/licence may only be renewed once for a period of not
exceeding six months. Renewal application must be submitted not less
than one month before expiry of the provisional permit/licence, and the
prescribed renewal fee must be paid (see Appendix VI).
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 15
Part E : Miscellaneous
1. Transfer
During the validity period of a permit/licence, the grantee/licensee may apply
to the Licensing Authority for transfer of the permit/licence to another person.
The grantee/licensee and the proposed transferee have to jointly complete a
transfer application form (form HAD 184) for submission. The applicant
must read and follow carefully the notes at the end of the application form.
The prescribed fee for transfer is listed at Appendix VI.
The proposed transferee is equivalent to an applicant in an application for
issue of a permit/licence (see paragraph 1(a) of Part B of this Guide), and
must be considered to be a “fit and proper” person under section 5(3)(a) of
the Karaoke Establishments Ordinance. The application will be referred to
the Hong Kong Police Force for checking in parallel.
When an application for transfer is approved, the Licensing Authority may
impose conditions in addition to or instead of any condition previously
imposed. The new grantee/licensee is required to comply with all the
requirements under the Karaoke Establishments Ordinance and its
Regulations, and the conditions imposed on the permit/ licence transferred.
The name of the new grantee/licensee will be endorsed on the existing
permit/licence and the validity period will not be affected. The new
grantee/licensee may make renewal application as usual (see Part C of this
Guide).
If the Licensing Authority refuses the transfer of a permit/licence, the
applicants will be advised in writing of the reasons for the refusal.
2. Change of Particulars on a Permit/Licence
The grantee/licensee may, upon payment of a fee (see Appendix VI), apply
in writing together with the supporting documents to the Licensing Authority
for making the following changes to the permit/licence:
(i) The name of the karaoke establishment;
(ii) The particulars of the grantee/licensee;
(iii) The authorized representative (if the grantee/licensee is a body
corporate or a partnership).
In respect of items (i) and (ii), the grantee/licensee must ensure that those
changes will not involve any transfer of the permit/licence. Under normal
circumstances, the Licensing Authority will endorse the changes on the
existing permit/licence within 14 days from the date of receipt of the
Home Affairs Department – Office of the Licensing Authority
Karaoke Establishments Ordinance : Guide to Application Page 16
application.
For item (iii), the grantee/licensee must submit an application form (form
HAD 185) to the Licensing Authority within 14 days from the cessation of the
original authorized representative’s authority. The proposed substitute
representative must be a “fit and proper” person under section 5(3)(a) of the
Karaoke Establishments Ordinance (see paragraph 1(a) of Part B of this
Guide). The application would be referred to the Hong Kong Police Force
for checking in parallel.
3. Refund of Fees
The prescribed fee paid upon an application for a permit/licence may be
refunded if :
(i) The applicant withdraws the application; or
(ii) The application is refused by the Licensing Authority.
4. Appeal
Any person aggrieved by a decision of the Licensing Authority made under
(i) section 5 (Application of permit or licence);
(ii) section 6 (Transfer of permit and licence);
(iii) section 8 (Renewal of permit or licence);
(iv) section 9 (Provisional permits and provisional licences); or
(v) section 10 (Revocation, suspension, refusal to renew or transfer;
amendments or variation of conditions of permit or licence),
of the Karaoke Establishments Ordinance may, within 28 days of receiving
notice of the decision, appeal to the Administrative Appeals Board.
A person who intends to appeal should deliver a Notice of Appeal to the
Administrative Appeals Board Registry at Room 321, 3/F, East Wing, Central
Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong.
For enquiries and assistance, or request for a Notice of Appeal form, please
contact the Registry at the telephone number of 2810 2092 or by fax at 2526
4133.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application
Appendices
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App I page 1
Appendix I
Enquiry Centres
(A) Office of the Licensing Authority, Home Affairs Department
(Web site : www.hadla.gov.hk/ )
香港鰂魚涌英皇道 979 號太古坊康和大廈
14 樓
民政事務總署
牌照事務處
電話 : 2881 7034
傳真 : 2894 8343
Office of the Licensing Authority Home Affairs Department 14/F, Cornwall House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong Telephone No : 2881 7034 Fax : 2894 8343
(B) Other Departments
屋宇署屋宇署屋宇署屋宇署
(網址: www.bd.gov.hk)
一般查詢
電話: 2626 1616 (由 1823 接聽)
樓宇資訊中心
九龍彌敦道 750 號始創中心 13 樓
電話: 2626 1207 (由 1823 接聽)
牌照小組
電話: 2626 1257 (由 1823 接聽)
Buildings Department
(Web site : www.bd.gov.hk/) General Enquiry Telephone No : 2626 1616 (handled by 1823) Building Information Centre 13th Floor, Pioneer Centre, 750 Nathan Road, Kowloon. Telephone No : 2626 1207 (handled by 1823) Licensing Unit Telephone No : 2626 1257 (handled by 1823)
消防處消防處消防處消防處
(網址: www.hkfsd.gov.hk/)
港島區防火辦事處
電話: 2549 8104
西九龍區防火辦事處
電話: 2302 5300
東九龍區防火辦事處
電話: 2302 5310
新界區防火辦事處
電話:2604 7223 2302 5373
Fire Services Department
(Web site : www.hkfsd.gov.hk/) Hong Kong Fire Protection Regional Office Telephone No : 2549 8104 Kowloon West Fire Protection Sub-Regional Office Telephone No : 2302 5300 Kowloon East Fire Protection Sub-Regional Office Telephone No : 2302 5310 New Territories Fire Protection Regional Office
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App I page 2
通風系統課
電話: 2718 7567
Telephone No : 2604 7223 2302 5373 Ventilation Division Telephone No : 2718 7567
香港警務處香港警務處香港警務處香港警務處
(網址: www.police.gov.hk )
牌照課
電話: 2860 2973
Hong Kong Police Force
(Web site : www.police.gov.hk) Licensing Office Telephone No : 2860 2973
食物環境衛生署食物環境衛生署食物環境衛生署食物環境衛生署
網址 : www.fehd.gov.hk/
(1) 食肆牌照資源中心
九龍深水
基隆街 333 號
北河街市政中心 4 字樓
電話 : 2958 0694
(2) 港島及離島區辦事牌照事務處
電話 : 2879 5717,
2879 5712 傳真 : 2507 2964
(3) 九龍區牌照事務處
電話 : 2729 1632, 2729 1293
傳真 : 3146 5319
(4) 新界區牌照事務處
電話 : 3183 9227, 3183 9228
傅真 : 2606 3350
Food and Environmental Hygiene
Department
Web site : www.fehd.gov.hk/ (1) Restaurant Licensing Resource Centre 4 / F Pei Ho Street Municipal Services Building333 Ki Lung Street, Sham Shui Po Kowloon Telephone No. : 2958 0694 (2) Hong Kong and Islands Licensing Office Telephone No. : 2879 5717, 2879 5712 Fax : 2507 2964 (3) Kowloon Licensing Office Telephone No. : 2729 1632, 2729 1293 Fax : 3146 5319 (4) New Territories Licensing Office Telephone No. : 3183 9227, 3183 9228 Fax : 2606 3350
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App II page 1
Appendix II
HEALTH REQUIREMENTS
1. Provision of Sanitary Fitments
1.1 Sanitary fitments shall be provided to a standard not less than that required by the
Building (Standards Of Sanitary Fitments, Plumbing, Drainage Works And Latrines)
Regulations (Cap. 123 sub. Leg.) applicable to restaurants.
1.2 In every karaoke establishment, the number of watercloset fitments, urinals and
lavatory basins provided shall not be less than the number specified in Table 1.
Table 1 : Number of sanitary fitments
Type of
fitment
No. of male persons and
No. of fitments to be
provided therefor
No. female persons and
No. of fitments to be
provided therefor
Watercloset
fitment
Less than 400, 1 such fitment for
every 100 such persons, or part thereof.
More than 400, 5 such fitments
and 1 additional such fitment for every 250 such persons, or part
thereof, over 650.
Less than 200, 2 such fitments
for every 100 such persons, or part thereof.
More than 200, 5 such fitments
and 1 additional such fitment for every 100 such persons, or
part thereof, over 300.
Urinals 1 such fitment for every 50 such
persons, or part thereof. __
Lavatory
basins
Less than 100, 1 such fitment for
every 50 such persons, or part
thereof. More than 100, 3 such fitments
and 1 additional such fitment for
every 100 such persons, or part thereof, over 150.
Less than 100, 1 such fitment
for every 50 such persons, or
part thereof. More than 100, 3 such fitments
and 1 additional such fitments
for every 100 such persons, or part thereof, over 150.
1.3 For the purpose of calculating the sanitary fitments required,
(a) the number of persons shall be determined by the Licensing Authority, and
shall be based on the maximum capacity of the karaoke establishment and
determined at the rate of one person for every 1.5 m2 of the area used by the
customers for entertainment; and
(b) the proportion of male persons to female persons shall be deemed to be 1:1.
2. Lighting and ventilation to toilets
2.1 Natural lighting and ventilation to toilets shall be provided by means of windows so
that :-
(a) the total area of glazing is not less than one-tenth of the floor area of the rooms;
and
(b) a window area of not less than one-tenth of the floor area of the room is
openable to open air with the top being at least 2 m above the floor.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App II page 2
2.2 Where natural means are inadequate / unavailable due to planning constraint,
artificial lighting and ventilation to toilets shall be provided so that :-
(a) artificial lighting of not less than 50 lux is provided; and
(b) mechanical ventilation of not less than 5 air changes per hour is provided.
2.3 Toilets shall not open directly into a kitchen or food preparation or storage room.
3. Lighting and ventilation to kitchens
3.1 Natural lighting and ventilation to the kitchen shall be provided by means of
windows so that :-
(a) the total area of glazing is not less than one-tenth of the floor area of the room;
and
(b) a window area of not less than one-sixteenth of the floor area of the room is
openable to external air with the top being at least 2 m above the floor.
3.2 Where natural means are inadequate / unavailable due to planning constraint,
artificial lighting and ventilation to the kitchen shall be provided so that :-
(a) artificial lighting of not less than 300 lux is provided; and
(b) mechanical ventilation of not less than 5 air changes per hour is provided.
4. Sanitizing facilities for microphones
Adequate sanitizing facilities for all microphones shall be provided and maintained in the
premises to which a permit or licence relates and the microphones shall be kept in a clean
and hygienic condition. Some suggestions on sanitizing measures are:
4.1 The surface of the microphone should be cleaned with damp cloth and then wiped
with alcohol daily or when it appears soiled; or
4.2 Every microphone should be properly covered by a disposal cover which will be
discarded and replaced after each sectional use by customers.
5. Toilet Utilities
5.1 Wash-hand basin must be provided with adequate supply of liquid soap in dispensers
and clean paper towel or cloth towel rolls in dispensers or electric hand dryer.
5.2 If cloth towel rolls in dispensers are used,
(a) the dispensers should be designed in such a way that the users can only
retrieve the clean and unused portion of the cloth towel roll therein; and
(b) the towels or towel rolls provided through the dispensers must be dry, clean,
sanitized, unworn, stainless and of good quality.
5.3 If electrical hand dryers are provided, they must be in good working condition at all
times.
5.4 Each water closet must be provided with an adequate supply of toilet paper and kept
clean at all times.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III page 1
Fire Safety Requirement
1 Combustible materials used as false ceiling, partitions or wall furnishing
All combustible materials used as false ceilings, partitions or wall furnishings shall conform to British Standard 476: Part 7 Class 1 or 2 Rate of Surface Spread of Flame or to another standard acceptable to the Director of Fire Services, or shall be brought up to any of those standards by treating with a fire retardant paint or solution acceptable to the Director of Fire Services.
2 Draperies and curtains
All draperies and curtains, if installed, shall be made of fire resistant material and conform to British Standard 5867: Part 2 fabric type B when tested in accordance with British Standard 5438 or to another standard acceptable to the Director of Fire Services, or shall be brought up to any of those standards by treating with a fire retardant solution acceptable to the Director of Fire Services.
3 Carpet
3.1 All carpets within the protected means of escape shall
(a) be made of pure wool;
(b) conform to British Standard 5287 when tested in accordance with British Standard 4790; or
(c) be manufactured to a standard acceptable to the Director of Fire Services.
3.2 Carpets that do not meet any of the above requirements shall also be accepted as complying with fire safety requirements if their pile height does not exceed 10mm and they do not cover more than 5% of the protected means of escape calculated on a floor-by floor basis.
4 Polyurethane foam (PU foam) filled mattresses
All polyurethane foam (PU foam) filled mattresses shall conform to British Standard 7177 (for use in medium hazard premises) or to another standard acceptable to the Director of Fire Services. The mattress meeting the specified standards shall bear an appropriate label (See Annex A of Appendix III). Invoices from manufacturers/suppliers and test certificates from a testing laboratory both indicating that the PU foam filled mattresses comply with the specified standards shall be produced for verification. The test certificates shall be issued by a testing laboratory accredited to conduct tests according to the specified standards, and be authenticated by the company’s stamp of manufacturers/suppliers.
5 Polyurethane foam filled upholstered furniture
All polyurethane foam filled upholstered furniture shall conform to British Standard 7176 (for use in medium hazard premises) or to another standard acceptable to the Director of Fire Services. The furniture items meeting the specified standards shall bear an appropriate label (See Annex A of Appendix III). Invoices from manufacturers/suppliers and test certificates from a testing laboratory both indicating that the PU foam filled furniture items comply with the specified standards shall be produced for verification. The test certificates shall be issued by a testing laboratory accredited to conduct tests according to the specified standards, and
Appendix III
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III page 2
be authenticated by the company’s stamp of manufacturers/suppliers
6 Dedicated smoke extraction system
The window of the premises shall not in any way be obstructed by any decoration or sealed up for more than 50%of the designed openable/breakable windows unless protected by a dedicated smoke extraction system which shall conform to the standard set out in the Code of Practice for Minimum Fire Services Installations and Equipment issued by the Director of Fire Services.
7 Exit Sign & Directional Sign
All exits shall be indicated by illuminated signs, bearing the word and characters “EXIT 出
口” (See Annex B of Appendix III). Adequate directional signs indicating the route to an
exit shall be provided at locations where exit signs are not readily visible. Exit Signs and directional signs shall be installed in accordance with the requirements set out in the Code of Practice for Minimum Fire Service Installations and Equipment as published from time to time by the Director of Fire Services.
8 Low level directional signs
Low level directional signs capable of indicating the route to an exit in darkness shall be provided at 200mm above floor level. The Low level Directional Signs shall be of self luminous type and conform to British Standard 5499:Part 2, or conforms to the standard set out in the Code of Practice for Minimum Fire Service Installations and Equipment as published from time to time by the Director of Fire Services shall be provided
9 Exit Plan
An exit plan drawn to a ratio of not less than 1:200 showing the floor layout of the premises and the directions of egress to escape staircases and means of escape shall be displayed in each room intended to be used by customers. The size of the exit plan shall not be less than 250mm x 250mm and shall be affixed adjacent to the exit of each room at 1500mm above floor level.
10 Emergency Lighting
Emergency Lighting - Self-contained Luminaries shall be provided. (See Annex C of Appendix III)
11 Short film on Fire Safety
A short film on fire safety including what to do in case of fire inside the premises shall be provided for showing to the customers before they start each session of karaoke activity.
12 Emergency alert system
An emergency alert system which can interrupt the music or other sound and visual images produced by the karaoke equipment and at the same time produce visible and audible warning signals in case of a fire alarm shall be provided.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III page 3
13 Fire Safety Training
The grantee/licensee should make arrangement to ensure that at least one of their management staff in employment has completed a fire safety training course recognized by the Fire Services Department; and to ensure that all employees working in the karaoke establishment must have received the fire safety training given by this trained management staff at least once every 12 months.
14 Fire service installations and equipment
Fire service installations of the following description shall be provided in accordance with the following provisions and with the Code of Practice for Minimum Fire Service Installations and Equipment as published from time to time by the Director of Fire Services:-
14.1 a fire hydrant and hose reel system;
14.2 a manual fire alarm system with operation switches provided at each of the following locations-
(a) near each exit leading away from the premises; (b) at the main entrance; (c) at the cashier’s counter; (d) at the reception area; and (e) at the waiting area;
14.3 alarm bells of the fire alarm system in individual rooms intended to be used by customers (see also paragraph 12);
14.4 where the premises are located in a curtain-walled building or on a basement floor and occupy an area exceeding 126 m2, an automatic sprinkler system that uses fast- response-type sprinkler heads.
14.5 where the premises are located in a place other than those described in paragraph 14.4 and-
(a) occupy an area exceeding 126 m2 but not exceeding 230 m2, either an automatic fire detection system or an automatic sprinkler system; or
(b) occupy an area exceeding 230m2, an automatic sprinkler system that uses fast-response-type sprinkler heads;
14.6 In respect of paragraphs 14.4 and 14.5, the sprinkler system shall be designed and installed in accordance with the Loss Prevention Council Rules for Automatic Sprinkler Installations For retro-fitting of such system, a compromised standard with water supplied directly from town mains may be accepted subject to approval of the Director of Water Supplies.
14.7 where the premises are located in a curtain-walled building or on a basement floor
with a cubic volume exceeding 7000m3, a smoke extraction system.
14.8 Where the karaoke room situated in a dead-end corridor, a 9-litres water type fire extinguisher and a manual fire alarm system with operation switches shall be provided in such room.
15 Ventilating System
15.1 All ventilating systems shall be inspected by the Ventilation Division of Fire Services Department and a copy of letter of compliance shall be submitted to the relevant authority as proof of compliance.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III page 4
15.2 in the case where the karaoke establishment is located in a restaurant, comply with the requirements set out in the Ventilation of Scheduled Premises Regulation (Cap. 132 sub. leg.); or
15.3 in any other case, comply with the requirements set out in the Building (Ventilating Systems) Regulations (Cap. 123 sub. leg.)
15.4 Automatic cut-off devices shall be provided for mechanical ventilating systems to enable the ventilation supply to be cut off in case of fire.
16 Electrical Installations
16.1 New fixed electrical installations, after completion, shall be inspected, tested and certified by an electrical worker/contractor registered with the Director of Electrical and Mechanical Services (DEMS). A copy of the Work Completion Certificate (Form WR1) shall be submitted to the Authority as proof of Compliance.
16.2 For existing electrical installations, a Periodic Test Certificate (Form WR2) endorsed by DEMS in lieu of the required Form shall be submitted instead.
17 Kitchen
17.1 The requirements for the use of fuel in kitchen are stipulated Annex D of Appendix III.
17.2 Portable Fire Fighting Equipment (a) One 4.5 Kg CO2 or 2 Kg dry powder fire extinguisher shall be provided in the
kitchen.
(b) One x 1.44sq.m fire blanket for every 3 frying pans/woks using oils/fat for deep
frying;
Number of frying pans/woks = Fire blanket
3
18 Fuel for Seating Accommodation
18.1 The requirements for the use of fuel for seating accommodation are stipulated in Annex E of Appendix III.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex A page 1
Annex A of Appendix III
Sample of Label (標籤樣本標籤樣本標籤樣本標籤樣本)
Sample I (樣本I)
*Delete wherever inapplicable/請刪去不適用者
Note: The minimum size of the label shall be 5×7.5cm and the minimum size of the
type shall be 3mm in height. All type shall be in capital letters.
註: 標籤面積最小須為 5×7.5 厘米,字體高度最小須為 3 毫米。
(英文告示的所有字體必須為大楷)
5
抗火
RESISTANT
Complies with BS
7176:1995
Didirect test/predictive test*
for medium hazard *Delete whichever is
inappropriate
符合英國標準 7176:1995
適用於中度危險的
直接測試/預報測試標準*
5
抗火
Complies with BS
7177:1996
for medium hazard
符合英國標準 7177:1996
適用於中度危險的
Sample II (樣本 II) Sample III (樣本 III)
NOTICE
THIS ARTICLE IS MANUFACTURED FOR USE IN PUBLIC
OCCUPANCIES AND MEETS THE FLAMMABILITY
REQUIREMENTS OF CALIFORNIA BUREAU OF HOME
FURNISHINGS TECHNICAL BULLETIN 133*/123*/121*.
CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR
WITH BURINING CIGARETTES.
告示
此家具為供公眾使用而製造,符合加利福尼亞州家具局技術
報告(TB)第 133*/123*/121* 的可燃規定,請勿將此家具放近
明火或有香煙的地方。
RESISTANT
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex B page 1
Annex B of Appendix III
Exit Signs
All exits of the exit routes within the premises leading to the exit routes of the building shall be
indicated by internally illuminated/self luminous signs bearing the word and characters ‘EXIT出
口’ in block letters and characters of not less than 125mm high. The letter style shall be in
‘Modified Garamond’ or ‘Helvetica’ or ‘Marigold’ as indicated on the samples below while the
Chinese characters shall be with width of vertical strokes not less than 15mm and with width of
horizontal stokes not less than 10mm.
Modified Garamond Helvetica Marigold
Colour contrast for translucent surrounds to lettering shall be as follows :-
Colour Contrasting Colour
Green White
White Green
The colour combination selected shall preferably be consistent throughout the same licensing
premises.
Directional Signs
If an exit sign is not clearly visible from any location in the premises, suitable internally
illuminated/self luminous directional signs shall be erected to assist occupants to identify the exits
in the event of emergency. The graphics of directional signs shall be as shown in the figures
below, signs having substantial compliance with the figures shall also be acceptable.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex C page 1
Annex C of Appendix III
Requirements for self-contained luminaries emergency lighting system 1. The units shall be constructed from fire resistant materials. 2. Each unit shall be so designed as to provide a broad non glare illumination when in use and
not less than two units shall be provided for any installation. 3. An automatic trickle charger with a 220-volt input and suitable output and fitted with pilot
lights or other indicating device shall be provided for the batteries. The charger shall be capable of recharging the battery in not more than 12 hours.
4. The minimum illumination provided by the emergency lighting system shall be :- 5. The self-contained luminaries emergency lighting systems shall be capable of maintaining the
stipulated lighting levels for a period of not less than one hour. 6. Each unit shall be provided with a “TEST” switch, a charge monitor light and a low voltage
cut out to disconnect the batteries when fully discharged. 7. The emergency lighting system shall be wired in M.I.C.C. in accordance with B.S.
6207/P.V.C. in conduit in accordance with B.S. 5266. 8. Once every month a discharge test shall be carried out and the results entered in a register.
Staircase/exit route not less than 2 lux measured along the center line of the staircase/exit route at floor/nosing level.
Night club, restaurant, dance hall, or premises where people have freedom of movement and there are loose fixtures and fittings
not less than 1 lux measured at floor level
All readings shall be taken by a portable photoelectric photometer and a discretionary tolerance of plus or minus 10% is permitted.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex D page 1
Annex D of Appendix III
Requirement for various fuels used in kitchen
1. Scope
The document specifies the various fuels that may be used in kitchen and prescribes the relevant fire safety requirements.
2. Restriction
2.1 Liquefied Petroleum Gas (LPG) is not permitted :
(a) In any quantity if the kitchen of the karaoke establishment is located on any
floor below ground level;
(b) In quantities exceeding 130 litres water capacity contained in portable cylinders if the kitchen of the premises is located on or above ground floor level;
(c) LPG cylinders should not be installed in commercial premises to supply
fixed gas appliances for catering purposes unless a central LPG, or Towngas, supply is unavailable;
2.2 The following fuels may be used in kitchens of premises without any restriction:
(a) Electricity; (b) Towngas or Towngas (Synthetic Natural Gas (SNG))
2.3 The following fuels may be used in kitchens of the premises subject to the
conditions stipulated for fire safety. There may be other requirements relating to smoke emission control in which respect the approval of Director of Environmental Protection should be obtained.
(a) Solid fuels such as wood and coal; (b) Liquid fuels such as diesel and kerosene; (c) LPG in aggregate quantity below 130 litres water capacity, the kitchen of the
premise should be located on or above ground floor level and the ‘Gas Utilisation Guidance Note 6’ prepared by the Gas Authority to be complied with.
3. Electricity
3.1 The electrical system shall be designed and installed by contractors, which are
certificated by the Director of Electrical and Mechanical Services.
3.2 The materials used and safety devices installed shall conform to the legal requirements and as specified by the respective power companies. In particular:
(a) Each item of fixed electric catering equipment shall be provided with a
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex D page 2
readily accessible electric isolator/switch to cut off all live conductors in the event of emergency. These isolators/switches shall be clearly identified in English and Chinese and by letters and characters as large as practicable which items of equipment they control;
(b) All electrical wiring to fixed electric catering equipment shall be installed
within metal conduit and/or trunking systems to provide protection from mechanical damage. As an alternative to protect short lengths, flexible conduit to BS 731 Part I may be acceptable.
3.3 The installation shall be inspected and a stability certificate issued by the respective
power company or a registered electrical worker/ contractor certificated by the Director of Electrical and Mechanical Services. This certificate shall be forwarded to the Licensing Authority as proof of compliance.
4. Towngas/Towngas (Synthetic Natural Gas (SNG) / Liquefied Petroleum Gas (LPG))
4.1 The existing Towngas/LPG installation shall be overhauled by Towngas
Co./registered gas contractor*. A copy of the job card, completed by the contractor to this effect, shall be submitted to the Licensing Authority. The overhaul must include a soundness test of the gas installation at normal working pressure, the servicing of gas appliances to ensure correctness of operation; and a check for adequate ventilation.
4.2 The Towngas/LPG installation shall be installed by Towngas Co./registered gas
contractor* and the attached certificates shall be completed by the contractor and submitted to the Licensing Authority through the applicant in the following manner :-
(a) Certificate of Compliance --
(Form EMSD/GSO/17) To be submitted before installation Work is carried out.
(b) Certificate of Completion -- (Form EMSD/GSO/16)
To be submitted after installation work is completed and/or in commission.
4.3 The alteration to the Towgas/LPG installation shall be carried out by Towngas
Co./registered gas contractor* and the attached certificates shall be completed by the contractor and submitted to the Licensing Authority through the applicant in the following manner.
(a) Certificate of Compliance --
(Form EMSD/GSO/17)
To be submitted before alteration work is carried out.
(b) Certificate of Completion -- (Form EMSD/GSO/16)
To be submitted after alteration work is completed and/or in commission.
* who shall employ installers registered for relevant classes of work (i.e. Class 5, 6, 7)
5. Solid Fuels
5.1 A chimney shall be erected and provide with :
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex D page 3
(a) An inspection door at the bottom; and
(b) A spark arrestor constructed of wire gauze having an aperture size not greater
than 1.25mm.
6. Diesel
6.1 The service tank shall not be more than 500 litres maximum capacity.
6.2 The service tank should preferably be located in open air. Where this is not
practicable, it shall be contained in a separate room constructed of walls of solid brick of 100mm thick or 75mm reinforced concrete to give a fire resisting period (FRP) of one hour, and provided with a sill, a bund wall or metal tray forming a retaining space of sufficient capacity to hold the entire contents in the event of a leakage or fire.
6.3 A robust gauge shall be provided for measuring the contents of the service tank.
Glass type gauges shall not be used.
6.4 The oil supply pipe to the burner(s) shall be fitted with a remote control valve at an easily accessible location outside the kitchen, clearly indicated in English and Chinese and in capital letters and characters as large as practicable.
6.5 A catchment of metal tray shall be provided under each burner.
6.6 A chimney shall be erected and provided with:
(a) An inspection door at the bottom; and
(b) Sufficient access to the ducting for regular removal of the accumulated
grease.
7. Kerosene
7.1 The capacity of this system shall not exceed 20 litres and a separate licensable store
shall be provided for any additional supply in excess of this quantity. 7.2 If the system incorporates a pressure vessel :
(a) The pressure vessel shall be provided with;
(i) a pressure gauge,
(ii) a pressure release valve, and
(iii) a safety valve
(b) The pressure vessel shall be separated from the burners;
(c) Only copper piping shall be used to connect the pressure vessel and the burner(s). The piping shall be;
(i) fixed to the walls except the length of 600mm from the burner which
shall be arranged in a flexible coil to allow cleaning.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex D page 4
(ii) fitted with a stop valve at either end.
(d) The pressure vessel and all burners shall be installed in fixed positions to prevent accidental overturning when is use;
7.3 If the system incorporates an electric pump:
(a) The kerosene container shall be;
(i) bounded or placed in metal tray so as to form a retaining space of
sufficient cubic capacity to hold the entire contents; and
(ii) provided with 3mm self-closing lid.
(b) The electric pump shall be ;
(i) separated from the burners; and
(ii) provided with an independent switch at an easily accessible location. The “ON/OFF” positions shall be clearly identified in English and
Chinese and by capital letters and characters as large as practicable.
(c) Only copper piping shall be used to connect the electric pump and the burner(s). The piping shall be:
(i) fixed to the walls except the length of 600mm from the burner which
shall be arranged in a flexible coil to allow cleaning; and
(ii) fitted with on/off tap on either end.
(d) A catchment or metal tray shall be provided under the burner(s).
8. Fuel for food warming and water boiling outside kitchen
8.1 On compliance with the requirements stipulated in paras. 3 and 4 above, electricity,
towngas and LPG in piped supply may be used for food warming and water boiling outside kitchen. Cooking shall be carried out inside kitchen.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex E page 1
Annex E of Appendix III
Requirements for various fuels used in seating accommodation
1. Scope
This document specifies the various fuels that may be used in seating accommodation of the premises serving barbecue food and/or hot pot and prescribes the relevant fire safety requirements.
2. Restriction
2.1 The following fuels are not permitted for use in seating accommodation:
(a) Solids such as fire wood and coal; (b) Liquids such as diesel and kerosene; (c) LPG in any quantity if the premises are located on any floor below ground
floor level; 2.2 The following fuels are permitted for use in seating accommodation:
(a) Electricity;
(b) Towngas/Towngas (Synthetic Natural Gas (SNG));
(c) LPG in piped supply if the premises are located on or above ground level where;
(i) the gas is supplied through a central system or (ii) suitable space is available for the construction of a dangerous goods store
for LPG cylinders to provide piped supply.
(d) LPG in cartridge type cylinders each does not contain more than 500 grams of LPG if the premises are located on or above ground floor level.
3. Electricity
3.1 The electrical system shall be designed and installed by contractors:
(a) Registered either by the China Light and Power Company Limtied or the Hong Kong Electrical Company Limited; or
(b) Certificated by the Director of Electrical and Mechanical Services.
3.2 The materials used and safety devices installed shall conform to the legal requirements
and as specified by the respective power companies. In particular:
(a) Every electric circuit containing sockets for use with catering equipment shall be protected by,
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App III Annex E page 2
(i) A residual current device of sensitivity not exceeding 30mA, and (ii) fixed or flexible conduit against mechanical damage.
(b) The wiring between the plug ad the catering equipment shall be carried out
in heat resistant cable.
(c) an over-temperature cut out thermostat shall be fitted to every catering equipment using oil/fat as cooking medium, to prevent these from reaching flash point temperature.
(d) The catering equipment shall be securely fixed to the tables and suitably
isolated to avoid igniting the surrounding combustibles.
3.3 The installation shall be inspected and stability certificate issued by the respective power company or a registered electrical worker/contractor certificated by the Director of Electrical and Mechanical Services. This certificate shall be forwarded to the Office of the Licensing Authority as proof of compliance.
4. Towngas/Towngas (Synthetic Natural Gas (SNG)/Liquefied Petroleum Gas (LPG))
4.1 The existing Towngas / LPG installation shall be overhauled by Towngas Co./ registered
gas contractor*. A copy of the job card completed by the contractor to this effect, shall be submitted to the Licensing Authority. The overhaul must include a soundness test of the gas installation at normal working pressure, the servicing of gas appliances to ensure correctness of operation; and a check for adequate ventilation.
4.2 The Towngas / LPG installation shall be installed by Towngas Co./ registered gas
contractor* and the attached certificates shall be completed by the contractor and submitted to the Licensing Authority through the applicant in the following manner :-
(a) Certificate of Compliance -
(Form EMSD/GSO/17) To be submitted before installation work is carried out.
(b) Certificate of Completion - (Form EMSD/GSO/16)
To be submitted after installation work is completed and/or in commission.
4.3 The alteration to the Towngas / LPG installation shall be carried out by Towngas Co./
registered gas contractor* and the attached certificates shall be completed by the contractor and submitted to the Licensing Authority through the applicant in the following manner.
(a) Certificate of Compliance -
(Form EMSD/GSO/17) To be submitted before alteration work is carried out.
(b) Certificate of Completion - (Form EMSD/GSSO/16)
To be submitted after alteration work is completed and/or in commission
* who shall employ installers registered for relevant classes for work (i.e. class 5, 6,
7)
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 1
Appendix IV
BUILDING SAFETY REQUIREMENTS
1. Structural suitability
1.1 Every karaoke establishment shall be structurally capable of withstanding an imposed
load of not less than 5 kPa and be in sound structural condition. If the structural
capacity for imposed load is less than 5kPa, structural justification prepared by an
Authorized Person / Registered Structural Engineer (AP/RSE) on the structural
adequacy of the premises shall be submitted for consideration by the Licensing
Authority.
1.2 In cases where there are non-structural screeding on slabs to raise floors levels, solid
partition walls, heavy equipment or installations, structural justification prepared by
an Authorized Person / Registered Structural Engineer (AP/RSE) on the structural
adequacy of the existing building may be required for consideration by the Licensing
Authority.
2 Compliance with the code of practice on fire resisting construction
The karaoke establishment shall be designed and constructed in accordance with the
requirements set out in the Code of Practice for the Provision of Fire Resisting
Construction as published from time to time by the Director of Buildings.
3 Protection of adjoining buildings
3.1 Every karaoke establishment should be separated from any adjoining building by an
external wall having a fire resistance period (FRP) of not less than 2 hours.
3.2 No openings should be made in such external walls that are within a distance of
900mm of any part of any building on the same site or within 450mm of the boundary
with an adjoining site. Openings may however be made in external walls within a
distance between 900mm and 1.8m of any part of any building on the same site or
within 900mm of the boundary with an adjoining site provided that these openings are
protected by fixed light of FRP as specified in the Code of Practice for the Provision
of Fire Resisting Construction.
4 Separation between uses
4.1 Every karaoke establishment should be separated from areas adjacent to or within a
karaoke establishment that are for different uses as classified in Table 1 by walls and
floors having an FRP of 1 hour or such longer period as required for the uses.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 2
Table 1 : Fire Resistance Period
Type
Use Volume of
compartment
Fire
Resistance
Period
1 Domestic
2 Hotel bedroom
3 Office
Not exceeding 28000m3 1 hour
4 Shop, restaurant, and hotel foyer
5 Place of public entertainment
6 Place of assembly
7 Carparking
If not exceeding 7000m3
or
If exceeding 7000m3 but
not exceeding 28000m3
1 hour
2 hours
8 Bulk storage and warehouse Not exceeding 7000m3 2 hours
Notes : 1. Different use classes should be separated in accordance with this
paragraph.
2. Special hazards should be separated in accordance with paragraph 11. 3. For any use not covered by Table 1, the fire resisting period should be
separately determined by the Licensing Authority having regard to
the Code of Practice for Fire Resisting Construction.
4.2 For any karaoke establishment situated in any basement, its elements of construction,
including walls and floors, should have an FRP of not less than 4 hours.
5 Separation between occupancies
Karaoke establishments shall be separated from adjoining occupancies by walls and floors
having a FRP of not less than 1 hour or not less than that required for the elements of
construction of the compartment in which it is situated, whichever is the greater.
6 Fire Resistance Period for internal corridors
6.1 Every internal corridor within a karaoke establishment shall be separated from other
areas by walls having an FRP of not less than one hour (“fire resisting walls”) and the
doors in the corridor shall be self-closing and have a fire resistance period of not less
than 1/2 hour.
6.2 For karaoke establishments that have been in operation immediately before the
commencement of the Ordinance (i.e. 8 January 2003), upgrading of fire resistance of
corridor walls may be carried out in phases. For karaoke establishment installed with
sprinklers, the upgrading works could be carried out within 36 months counting from
the date on which the Ordinance comes into operation. For establishments without
sprinklers, the upgrading works could be carried out within 18 months counting from
the date on which the Ordinance comes into operation subject to the provision of
emergency alert system in every room and at suitable locations of the corridor.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 3
7 Compartmentation
7.1 Every karaoke establishment should be divided into compartments by walls and floors
such that no compartment exceeds 28,000 m3.
7.2 Compartment walls, compartment floors, separations and lobbies should be
constructed with all joints completely filled with non-combustible material to prevent
the passage of smoke or flame.
8 Protection of openings in fire resisting walls and floors
8.1 Openings through compartment walls shall be protected to maintain the fire resistance
of the wall, by a protected lobby with doors of the required FRP or, except for places
of public entertainment or carparks, by a fire shutter with the same FRP (with respect
to integrity) as the wall.
8.2 Escalators or staircases, other than required staircases, which perforate floors between
compartments may be unenclosed in one compartment provided that such escalators or
staircases are enclosed in the adjoining compartment by walls having an FRP of not
less than the longer period required for the elements of construction of the
compartments so served. Every opening in such enclosing walls should be provided
with a door or fire shutter having an FRP of not less than half that of the enclosing
wall in which it is situated.
8.3 Every opening for the passage of building services through a fire resisting wall or
floor, and every hole in the wall or floor left after construction shall be protected with
fire dampers or other form of fire stop that is considered suitable by the Licensing
Authority to maintain the FRP of that wall.
8.4 If any building services passing through a fire resisting wall or floor consist of
combustible material, the material shall be contained within an enclosure having a fire
resistance period of not less than one hour. Every access opening provided to the
enclosure shall be provided with a door having a fire resistance period of not less than 1/2 that of the enclosure.
9 Protection of liftwells and required staircases
9.1 All liftwells except for openings for doors and ventilation should be separated from
the remainder of the karaoke establishment by walls having an FRP of not less than
that required by the elements of construction of the compartment.
9.2 All required staircases and any lobbies separating those staircases from the general
accommodation should :-
(a) be separated from the remainder of the karaoke establishment by walls having
an FRP of not less than that required for the compartment to which they
connect.
(b) be imperforate, except for any doorway giving access to the karaoke
establishment which should be provided with a door having an FRP of not
less than half of the wall in which the doorway is situated, or 1 hour
whichever is less.
(c) not accommodate any services other than emergency services such as fire
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 4
hydrants, sprinkler systems, emergency lights and exit signs.
10 Protection against spread of fire and smoke between floors
At any internal unprotected opening in floors within a compartment, such as at escalators,
circulation staircases, a barrier of not less than 450 mm measured vertically downwards
from the underside of the floor, should be provided to surround the opening. The barrier
should be constructed to have an FRP of not less than 1 hour. The barrier shall extend not
less than 450 mm below any false ceiling hung in the vicinity of the opening.
11 Special hazards
11.1 Areas for electrical or hazardous installations or for storing dangerous goods should
be enclosed by non-combustible construction having an FRP of not less than 2 hours
(4 hours adjoining required staircases), and any permitted openings thereto should be
provided with a door having an FRP of not less than one hour.
11.2 Kitchens:-
(a) should be enclosed by walls and floors having a FRP of not less than 1 hour,
and any door opening on such walls should be provided with self-closing
doors having FRP of not less than 1/2 hour;
(b) should be provided with protected lobbies between each door of the kitchen
and any escape route from the main building; and/or the dining area where
the kitchen has a usable floor area exceeding 45 m2 and the door opens onto
an exit route of the dining area;
(c) (for small food serving hatch only) the hatch should be provided with a fire
shutter having a FRP of 1 hour, and shall be activated by a fusible link.
11.3 Other areas of high fire risk directly associated with a normal occupancy in a karaoke
establishment should be adequately separated by fire resisting construction.
12 Doors
12.1 All doors required to have an FRP should be arranged to be self-closing. The
self-closing mechanism shall not be capable of allowing a check action to hold the
door open.
12.2 A notice should be provided on both sides of such doors in English and Chinese in
letters and characters not less than 10 mm high as follows :-
FIRE DOOR
TO BE KEPT CLOSED
防 火 門防 火 門防 火 門防 火 門 應 常 關應 常 關應 常 關應 常 關
12.3 All FRP doors shall be closely fitted around their edges to impede the passage of
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 5
smoke or flame.
12.4 FRP doors should be tested or assessed in accordance with BS 476: Parts 20 and 22:
1987 and certified as being capable of resisting the action of fire for the specified
period. Certification including test report and assessment report prepared by a
laboratory recognized by the Hong Kong Laboratory Accreditation Scheme or the
Building Authority shall be submitted to the Licensing Authority for proof of the
compliance with the standard.
13 Basements
13.1 All approved smoke outlets, vents and dynamic smoke extraction system shall be
maintained in efficient working condition or reinstated; and in case rendered
inadequate by any alteration of the premises, they shall be provided in accordance
with the Code of Practice for the Provision of Fire Resisting Construction.
13.2 Where a basement has the same use as the ground storey and any upper storeys, it may
be united thereto provided that every element of construction, compartment wall and
compartment floor in such storeys and the construction separating the uppermost of
such storeys from the storey above have the same FRP as that of the basement.
14. Compliance with the code of practice on means of escape (MOE)
The karaoke establishment shall be provided with adequate means of escape complying
with the requirements set out in the Code of Practice for the Provision of Means of Escape
in Case of Fire (the “MOE code”) as published from time to time by the Director of
Buildings.
15 Population of a karaoke establishment for the provision of means of escape
15.1 The population of a karaoke establishment shall be calculated as follows :-
lounge, dining area and entertainment rooms
intended to be used by the customers, except
toilets
1 m2 / customer customer
dancing area and reception area 0.75 m2 / customer
staff one staff member for every 20 customers or 4.5 m2 / staff, calculated
on the total floor area of the kitchen and food preparation area,
whichever is the greater.
15.2 The maximum allowable population within a karaoke establishment will be affected
by the remaining discharge value of the building in which the karaoke establishment is
situated.
16 General requirements on exit routes
16.1 At least two exit routes or such higher numbers as required under the “MOE” code
shall be provided on each storey.
16.2 Any room/storey/premises with a capacity exceeding 30 persons shall be provided
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 6
with at least 2 exits.
16.3 The minimum width of all exit route and exit doors shall be not less than that required
under the “MOE” code.
16.4 Every part of an exit route shall be provided with artificial lighting providing a
horizontal luminance at floor level of not less than 30 lux and backed up by an
emergency lighting system providing a horizontal luminance at floor level of not less
than 2 lux. The design of the emergency lighting system should comply with the
Code of Practice for Minimum Fire Service Installations and Equipment.
16.5 The means of escape from any part of the karaoke establishment shall be so arranged
that it is not necessary to pass through one staircase enclosure in order to reach an
alternative staircase.
16.6 Where the building/storey(s) in which the karaoke establishment is located is required
to have two or more exit staircases and it is required that people using one staircase is
able to gain access to at least one of the other staircases at any time without having to
pass through private premises, such protected access shall be maintained at all times,
without being locked up.
16.7 Every part of an exit route should have a clear height of not less than 2 m.
17 Direct distance and travel distance
In general, every room intended to be used by customers, except toilets, shall have at least
two exit routes leading in different directions to a staircase or a point of discharge to a
street. The maximum distances that will be permitted from any part of the karaoke
establishment shall be in accordance with paragraph 14 of the “MOE” code. It may vary
from 18 m to 45m, depending on the fire resisting construction of the exit routes.
18 Internal exit routes
18.1 The width of exit routes including internal corridors within a karaoke establishment
must be at least 1.2 m.
18.2 If a karaoke establishment is in operation immediately before the commencement of
the Ordinance (i.e. 8 January 2003), widening of the corridor to meet the new
requirement may be deferred until such time the karaoke establishment undertakes
major alteration works on the condition that all other building and fire safety
requirements are complied with and that the width of the corridor is not less than 1.05
m and the total capacity of the karaoke establishment is not more than 500 persons per
floor. (For avoidance of doubt, upgrading of the corridor walls to meet the required
FRP is not regarded as major alteration works unless the layout of the karaoke
establishment is also substantially changed at the same time.)
19 Exit from entertainment rooms
19.1 Entertainment room means a room intended to be used by customers except toilets.
The exit from every entertainment room should have and must enable at least two
directional travels to a staircase or a point of discharge to a street. An entertainment
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 7
room opening off a dead-end corridor (i.e. the direction of travel from the exit door of
the room to a staircase or a point of discharge to a street is possible in one direction
only) is generally not permitted.
19.2 A dead-end situation is only permitted in circumstances due to unavoidable building
design subject to the provision of the following additional safety measures :
(a) the karaoke establishment being protected by an automatic sprinkler system;
and
(b) the provision of a portable water type fire extinguisher with 9-litre capacity
and an additional manual fire alarm in each entertainment room opening off
the dead-end corridor.
(The Licensing Authority will consider the special circumstances of individual case
in determining if the dead-end created in a particular situation are due to building
design.)
19.3 For Karaoke establishments that have been in operation immediately before the
commencement of the Ordinance (i.e. 8 January 2003), modification of the layout is
required for dead-ends created not as a result of building design. The following
emergency escape route arrangements are acceptable in resolving the dead-end
problem :-
(a) Creation of a second emergency exit route:
(i) Two adjoining dead-end corridors should be linked up and the two
entertainment rooms at the dead-ends should be transformed into an
exit corridor in the event of an emergency.
(ii) An additional double-swing exit door should be provided in the
common partition wall of these two entertainment rooms. It may be
fitted with a door lock provided that such lock would be released
automatically in response to fire alarm.
(iii) The emergency escape route within these entertainment rooms should
not be blocked. All furniture in these two rooms should be fixed (i.e.
without movable furniture) and should not obstruct the exit door
between these two rooms.
(iv) To provide additional protection to the secondary exit, doors with 1/2
hour FRP are provided across these two adjoining dead-ends. These
doors may be fitted with a hold-open device that would be
automatically released upon activation of fire alarm.
(b) Utilizing access panel in other entertainment room:
(i) Customers in an entertainment room without alternative escape route
should be able to use the access panel in another entertainment room
located within the same corridor to reach an alternative exit route, if
required, in case of an emergency.
(ii) A door with 1/2 hour FRP is installed across the dead-end corridor to
provide additional protection to customers within the protected
dead-end corridor.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 8
(iii) An access panel in one room to serve customers in one other
entertainment room is acceptable. Depending on the length of the
dead-end corridor, additional portable water type fire extinguisher with
9-litre capacity may be required to be provided.
(iv) The access panels should not be locked or should be unlocked
automatically in case of emergency.
(c) Providing access panel in entertainment room:
(i) Every entertainment room in the dead-end corridor is provided with an
access panel giving access to the adjacent entertainment room where its
exit discharges to another corridor.
(ii) The access panels should not be locked or should be unlocked
automatically in case of emergency.
19.4 The fire safety video to be shown to the customers before music videos are started
should include the above special exit arrangements if adopted. Adequate illuminated
directional signs and notices should also be prominently displayed to show the escape
arrangement.
19.5 Every exit door and access panel giving access to second emergency exit route shall
be provided to the satisfaction of the Licensing Authority, and shall be provided with a
self-luminous exit sign on both sides in English and Chinese in block letters and
characters not less than 125 mm high as follows:
EXIT 出 口出 口出 口出 口
19.6 Break-glass alarm should be provided adjacent to every such exit door and access
panel (giving access to second emergency exit route) to activate automatic release of
the locking devices.
20 Vision Panel
A vision panel of not less than 0.04 m2 should be provided either on the wall facing the
internal corridors or on the access door of every entertainment room. The vision panel
should have the same FRP of the wall or the door on which it is installed, and shall provide
a clear view of things on the other side of the panel both from inside and outside the room
at normal eye level.
(For existing karaoke establishments that have been in operation immediately before the
commencement date of the Karaoke Establishments Ordinance, the provision of vision
panels may be deferred until such time the corridors are upgraded to comply with the fire
resisting walls requirements of the internal corridors. See also paragraph 6, 18.2 & 19.5.)
21 Doors gates and shutters in exit routes
21.1 Every door across an exit, or into an exit route from a room or storey the capacity of
which exceeds 30 should open in the direction of exit, and if it opens both ways, have
a transparent upper view panel.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App IV page 9
21.2 Gates and shutters across exit routes are not permitted.
21.3 Locking devices shall be capable of being readily opened from the inside without the
use of a key. A locking device which is electrically operated is acceptable provided
that such lock is capable of automatic release upon actuation of a smoke detection
system or the operation of an alarm system or a central manual override, installed to
the satisfaction of the Director of Fire Services. Upon power failure, the electrical
locking device shall also be released automatically.
21.4 Every door giving access to a protected lobby from a staircase enclosure or corridor,
and every door across an exit route shall be provided with a transparent upper view
panel of the requisite fire resistance.
21.5 Every door opening on to an exit route shall be so arranged as not to obstruct the exit
route at any point of its swing; and every door opening on to a landing between flights
of stairs shall not at any point of its swings, reduce the effective width of the landing
to less than the width of the stair.
21.6 Exit door from a room or storey having a capacity in excess of 3 persons should not be
less than 750 mm in width. In the case of a double leaf door, no leaf of such door
should be less in width than 600 mm and, where the meeting stiles are rebated, a
checking device to control the closing order of the doors should be installed. Such
checking device should ensure that both leaves of door are closed in the correct order
and position. (For the minimum width requirements and other exit requirements, the
“MOE” code shall be observed.)
22 Compliance with the code of practice on means of access for firefighting and rescue
22.1 The requirements set out in the Code of Practice for Means of Access for Firefighting
and Rescue as published from time to time by the Director of Buildings shall be
complied with.
22.2 No alteration to approved fireman’s lift lobby shall be carried out unless the minimum
requirements of the above Code of Practice are maintained..
23 Alternative designs
The Licensing Authority may also accept alternative measures based on fire engineering
approach to achieve equivalent building safety standards. Applicant wishing to resort to
this course should make reference to Practice Note for Authorized Persons and Registered
Structural Engineers No. 204 issued by the Building Authority. The alternative design
proposal should be prepared by a competent person acceptable to the Building Authority
and would be considered by the Licensing Authority upon consultation with the Buildings
Department.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App V page 1
Appendix V
Sample of Licensing Conditions (for permits or licences) The following conditions are general conditions that may be imposed by the Licensing Authority at the grant of a permit (including a provisional permit) or the issue of a licence (including a provisional licence). There may be other conditions that are more specific to a karaoke establishment and may vary from premises to premises.
1. Except with the written permission of the Licensing Authority (hereinafter referred to as the
Authority), the grantee shall not alter, amend or otherwise change the layout of the karaoke
establishment from the plans certified by the Authority.
2. The grantee shall supervise all the operation, keeping, management and other control of the
karaoke establishment. (If the grantee is a body corporate or partnership, it shall be the duty
of the authorized representative as specified on this permit to exercise the supervision; and
the authorized representative shall represent the grantee to comply with all the provisions of
the Karaoke Establishments Ordinance, regulations and permit conditions.)
3. If the grantee is a body corporate or partnership, the grantee shall apply within 14 days to the
Authority in writing for approval to the change of the authorized representative as specified
on this permit.
4. Wash-hand basin must be provided with adequate supply of liquid soap in dispensers and
clean paper towel or cloth towel rolls in dispensers or electric hand dryer.
If cloth towel rolls in dispensers are used,
(a) the dispensers should be designed in such a way that the users can only retrieve the
clean and unused portion of the cloth towel roll therein; and
(b) the towels or towel rolls provided through the dispensers must be dry, clean, sanitized,
unworn, stainless and of good quality.
If electrical hand dryers are provided, they must be in good working condition at all times.
5. Each water closet must be provided with an adequate supply of toilet paper and kept clean at
all times.
6. The ventilating system must be kept fully in operation at all times when the premises are
open to the customers.
7. The grantee is required to provide proper maintenance of the approved means of escape and
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App V page 2
of any other required works. All fire resisting doors should not be held open other than by
devices approved by the Authority. All means of escape are to be kept free from
obstructions at all times and exit doors should be maintained openable from inside without
the use of a key.
8. The grantee is required to provide proper maintenance of the approved Fire Service
Installations and Equipment and to ensure they are free from obstructions at all times.
9. The grantee should make arrangement to ensure that at least one of their management staff in
the employment has received a fire safety training course recognized by the Director of the
Fire Services; and to ensure that all employees working in the karaoke establishment must
have received fire safety training provided by this trained management staff at least once in
every 12 months.
10. A short fire safety film approved by the Director of Fire Services must be shown to the
customers before each karaoke activity is started.
11. The karaoke establishment must be operated within the area as shown on the certified plans
of this permit.
12. The grantee should arrange all the periodic testing and checking to all the relevant
equipment and installations, and forward a copy of the relevant certificates to the
Licensing Authority.
Home Affairs Department-Office of the Licensing Authority
Karaoke Establishments Ordinance – Guide to Application App VI page 1
Scale of Fees
1. Permit
Permit Provisional Permit
New Grant Renewal Transfer New Grant Renewal Transfer
$3,540
$1,240
$2,410
$1,270
$1,240
$2,410
2. Licence
Licence Gross Floor Area ( M2)
Exceeding Not Exceeding New Issue Renewal Transfer
100 $10,500 $4,520
100 200 $13,900 $5,400
200 300 $17,800 $6,360
300 400 $21,650 $7,260
400 $27,800 $8,400
$2,410
Provisional Licence (any area)
New Issue Renewal Transfer
$1,270
$1,270
$2,410
3. Fee for Change of Particulars on Permit/Licence
Fee for each change made : $155 (Note: this fee is charged under the Interpretation and General Clauses Ordinance (Cap. 1)).
Appendix VI