Organization : Food and Environmental Hygiene Department
Facility : Apply for Provisional Licence
Location : Hong Kong
Country : China
Website : http://www.fehd.gov.hk/english/index.html
Terms & Conditions : https://www.statusin.org/uploads/26961-Prov-Licence.PDF
Apply for Provisional Licence :
1. With effect from 13.11.98, the licensing authority may, if such applications are made, issue Provisional Licences in respect of the above types of food business to premises which have met all essential health, ventilation, building and fire services requirements for the issue of provisional licences imposed by all the departments concerned.
Related : Food & Environmental Hygiene Department Apply for Bakery Licence Hong Kong : www.statusin.org/27416.html
This enables applicants to commence their business on a provisional basis following certification of compliance of essential requirements, pending the issue of full licences.
Application And Licensing Procedures :
2. Application for a provisional licence is entirely optional. If one opts for a provisional licence, he should submit the application at the same time as he applies for a full licence.
Application for a provisional licence without applying for a full licence will not be considered by the licensing authority.
3. The licensing procedures of application for provisional licences are same as those of application for full licences except that after the issue of the letter of requirements, the applicant is required to report compliance by submission of certifications by authorised persons.
Criteria For Issue :
4. The licensing authority will issue a provisional licence if
(a) there is no objection in principle to the application for a full licence.
(b) the applicant has been issued with a list of essential licensing requirements, i.e. requirements of building & health, fire services and ventilations, for the issue of a provisional licence; and
(c) upon receipt of the report of compliance with the provisional licensing requirements from the applicant enclosing relevant certifications by professionals in prescribed forms, the licensing authority is satisfied that all essential requirements have been met.
Notes :
** Sample of the “report of compliance” form is at Appendix A.
** Samples of the prescribed forms for certification by professionals are at Appendices B to E. (Forms required depend on types of licence applied)
5. The following professional persons are recognised by the licensing authority for the purpose of certification for the issue of provisional licences
Building & Health Requirements
(a) authorised persons or registered structural engineers registered under the Buildings Ordinance in respect of health and building safety requirements;
Fire Services Requirements
(b) fire service installation contractors registered under the Fire Services Ordinance in respect of fire service installations and equipment; and
Ventilation Requirements
(c) ventilation contractors registered under the Buildings Ordinance in respect of ventilating systems.
A list of the authorised persons and registered structural engineers, fire service installation contractors and ventilation contractors is kept at the respective Licensing Offices for reference.
Validity & Renewal :
6. A provisional licence shall be valid for six months.
The licensing authority may in exceptional circumstances renew, before it expires, a provisional licence for only a further period not exceeding six months, if it is satisfied that the non-compliance with the outstanding requirements for the issue of a full licence is due to factors beyond the reasonable control of the licensee, his contractors and his agents.
Examples of such circumstances are :-
(a) the processing of the full licence application being hindered by a cause which is not attributable to the act, default or omission of the licensee, his contractors and his agents; and
(b) the occurrence of such events as labour strikes, curfews and natural disasters.
7. Applicants who intend to apply for renewal of a provisional licence should submit an application three weeks before the expiry of the licence with evidence to show that the failure to comply with the full licence requirements is due to above-mentioned circumstances.
Transfer :
8. A provisional licence is not transferable except with the consent of the licensing authority. The existing policies and guidelines governing the transfer of full licences will apply to application for the transfer of provisional licences.
Licence Fee :
9. The licence fee for the issue and renewal of a provisional licence shall be 50% of the fee for a full licence.
Nevertheless, if a full licence is issued during the validity period of a provisional licence, refund of part of the fee paid in respect of the provisional licence will be made on a pro-rata basis.