F&B: Is Your Government Working For You?

It recently came to my attention that one of the main obstructions to the application of a liquor license in Hong Kong’s Central and Western District – the centre of business and commerce in the city – is actually the government.

All applications for a liquor license in Hong Kong must be declared publically in a local publication (newspaper) to give anyone who wants the chance to appeal against the application of liquor licenses and have their concerns and voices heard in court at the Liquor License review board.

The Hong Kong Liquor License Board (LLB) explains it clearly on their website that; “Any person who knows any reason why these applications should not be granted should send a written and signed statement of the facts to the respective Assistant Secretary, Liquor Licensing Board, at the following address within 14 days from the date of posting of the notice”.

The LLB site goes on to say; “Applications for liquor licenses which are objected by the public or the Police will be openly heard by the Liquor Licensing Board. Every month, the Board convenes four meetings to discuss such applications, at which all parties involved are given an equitable opportunity to express their views before decisions are made as to whether to allow, allow subject to certain conditions or refuse the applications”.

So, it’s a fair system that allows residents in areas where the approval of liquor licenses may be detrimental to their standard of life or living and allows them to let their concerns be heard by an impartial board which will then make a decision based on all the facts and henceforth issue (or not) a business their liquor license.

However, in Central and Western district one elected councilor Hui Chi Fung (pictured) has taken it upon himself to become the spokesperson for the residential community in opposing all new applications and renewal applications for liquor licenses in his constituency. Mr. Hui is the elected member and a full-time district councilor for Central and Western district representing the Democratic Party of Hong Kong.

Thinking this was kind of strange that the government itself was opposed to businesses doing business in its own constituency I contacted Mr. Hui to get his side of the story as I felt that if the government is the one opposing the issuance of liquor licenses in the city then businesses in the area must be doomed.

Mr. Hui Chi Fung of the Democratic Party of Hong Kong

I put it to Mr. Hui in an email dated February 8^th: “It has come to my attention that you are the main objector to liquor licenses in the Central and Western district - I have seen and read your faxes to the LLB and your persistent objecting to all re-application and first time applications of liquor licenses in the C&W district.

Would you like to explain why you, as a elected member of the C&W district council are the one making these objections and making life difficult for owners of restaurants and bars in the area that you represent?

Why have you only objected to C&W liquor license applications and no-where else? Why do you think it's necessary to make businesses go to court, a futile (and most often a complete waste of time) exercise, to listen to your objections to their wish to do business?”

Thinking, obviously somewhat naively, that government is on the side of business in our city I thought it fair that I brought the issue up with Mr. Hui considering I had read his 19 pages of objections to all license applications in his constituency along with his strongly worded letters to the LLB outlining his eagerness to attend Tuesday morning license hearings in order to oppose them.

Soho residents making noise about the noise pollution

Not wanting to publish this piece without getting Mr. Hui’s side of things, I waited until February 18^th for his reply. It went as follows:

“Firstly, I only object to new applications and renewals of liquor licenses which, with their liquor selling hours and mode of operation, will generate or already generated a high number of noise complaints in the SOHO area. I do not object to ALL of the applications”. 

“I draw your attention that the SOHO area in Central is a residential area under the design of town planning. However, in the past ten years, residents have been suffering from unbearable noise generated by bars and restaurants. This has severely affected their lives - they cannot sleep even after midnight. My task is to strike a balance between the well being of the residents and the liquor industry”.

 “I am a District Councilor of the C&W District Council. I am only given information and answerable to liquor licenses within the C&W District Council”.

“Under the current liquor licensing system, when there is a disagreement between the residents and the industry, not only the business but both parties need to attend a hearing in the LLB. This is a balancing process for the interest of both parties, not a waste of time. If you check the number of applications which were refused by the LLB in view of my objections, you will see the number is extremely tiny”.

The Soho Area of Hong Kong

Let me take Mr. Hui up on a couple of issues: “My task is to strike a balance between the well being of the residents and the liquor industry”. How does supporting one side strike a balance Mr. Hui? Your continued support for residents to the detriment of business in your constituency is not striking a balance as, were the board to refuse a liquor license; the business would have to close thus appeasing only one side.

“Both parties need to attend a hearing in the LLB”. Right, so these are public hearings which I have attended and I must admit that although yes, anyone can come and make their complaint heard, I do not see anyone other than you representing the objection of liquor licenses in your constituency. In fact, you are acting as an intermediary for the public against the issuance of liquor licenses, why do you not ask those who voted you in (and those that you evidently are more interested in appeasing), the residents of Soho, to represent themselves at the hearing? This would make it at least seem like you have concerns for the businesses in your area.

“…both parties need to attend a hearing in the LLB. This is a balancing process for the interest of both parties, not a waste of time..” All results of the hearings are posted on line here in Hong Kong on the LLB’s website. The applications of all the bars and restaurants that you opposed were granted with no extenuating conditions to their currently held liquor licenses – so, not a waste of time then? Had the board thought there a case to answer for the restaurants and bar involved there would have been refusals in the process or a reduction in the hours they are legally permitted to serve and sell alcohol, but, nothing….hence my thinking that it’s a futile waste of time and one that does not endear the government to businesses in its constituency.

Not wanting to cause any problems (I do after all live here and have a great respect for our government here who really do work for the people) I put some final questions to Mr. Hui in an email dated 18^th February 2013:

“Please, if you would, just explain one small matter to me which I see as the fundamental basis of my communication to you. Are you trying to close the restaurants down by denying them liquor licenses, or are you trying to reduce the hours that they can operate (with doors open etc)? I feel, as the elected member of C&W district that you also have a duty to the business holders within your constituency and that would mean brokering agreements between the police, court system, local residents and local bars and restaurants - in a more public service and forum environment rather than taking it to the courts”.

“The owness needs to be on the people of Hong Kong giving more consideration to their fellow man, rather than blaming the establishments within which they frequent, we don't after all, challenge the manufacturer of a noisy sports car (for example), more so the person who drives it - the same context can be applied to overzealous, loud people on the street; they should be the target of people's unhappiness rather than the establishments that temporarily house them”.

To this I have had no response and most likely I will never get one – but you never know. I do fully appreciate the need to appease both residents and business in Central and Western district but it too must be remembered that we live and work on top of each other (literally) here in Hong Kong. It is one of the most densely populated areas on the planet and, of course, there are going to be noisy nights and disagreements between business and residents in residential areas, however, those that choose to move into these areas to live must appreciate where they are moving into. It may be ‘trendy’ to live in Soho, but it is an area with lots of bars and restaurants, so expect some noise. Additionally, those who are out at night partying should too have respect for the neighbourhood, otherwise, it’s the bars and restaurants that they frequent that will suffer.