Legal Requirement

It is required by the law that every application for a food business licence shall be accompanied by three copies of a plan, as nearly as may be to scale, of the whole of the food premises to which such licence will relate, and, so far as may be applicable having regard to the nature of business, including the particulars prescribed in -

1. section 32 of the Food Business Regulation (Cap. 132X) for a restaurant, food factory (including bakery), factory canteen, siu mei and lo mei shop, fresh provision shop, cold store and composite food shop licence;
2. section 18 of the Frozen Confections Regulation (Cap. 132AC) for a frozen confection factory licence; and
3. section 15 of the Milk Regulation (Cap. 132AQ) for a milk factory licence.

Particulars to be Included in the Proposed Layout Plan

2. Proposed layout plan should be drawn to the nearest metric scales of not less than 1:100. Every plan should be drawn in one whole piece, not blurred and with no single line drawing. In drawing a proposed layout plan for application for a food business licence, applicant should make reference to the above regulation or following guidebook as appropriate for including the particulars on the plan -

1. Restaurant Licence - "A Guide to Application for Restaurant Licence"
2. Food Factory Licence - "A Guide to Application for Food Factory Licence"
3. Bakery Licence - "A Guide to Application for Bakery Licence"
4. Factory Canteen Licence - "A Guide to Application for Factory Canteen Licence"
5. Siu Mei and Lo Mei Shop Licence - "A Guide to Application for Siu Mei and Lo Mei Shop Licence"
6. Fresh Provision Shop Licence - "A Guide to Application for Fresh Provision Shop Licence"
7. Frozen Confection Factory Licence - "A Guide to Application for Frozen Confection Factory Licence"
8. Milk Factory Licence - "A Guide to Application for Milk Factory Licence"
9. Composite Food Shop Licence - "A Guide to Application for Composite Food Shop Licence"

Items Not Required to Be Shown on Proposed Layout Plans

3. The following items are not required to be shown on the proposed layout plans in connection with new applications for food business licences -

1. Movable appliances not of a substantial and permanent nature, e.g. coffee grinder, blender, juice extractor, microwave oven, portable feather plucking machine, portable electric rice cooker, portable electric warmer, toaster, electric water heater, bread slicer, electric coffee warmer, electric mixer, electric mincer, egg cooker in kitchen and food preparation room; and
2. Movable facilities/furniture not of a substantial and permanent nature, e.g. chopping block, storage rack / shelf, food preparation table and computer terminal in kitchen and food preparation room; and non-fixed tables and chairs, storage rack / shelf, magazine rack, condiment rack, sauce container, display shelf, trackless folding screens for flexible partitioning of seating accommodation for customers, wall-mount light weight television set, computer terminal, non-food display cabinet, trolley and decoration in seating area."

(Note: Cashier counter must be shown on plan as it is a spot chosen by Fire Services Department for installation of fire alarm switch.)

Licensing Requirement of Submission of Proposed Layout Plans

4. Before a food business licence is issued, the applicant is required to submit another three copies of layout plans showing the final layout of the premises for approval of the Director of Food and Environmental Hygiene. In this connection, the following standard licensing requirement for submission of proposed layout plans is stipulated for compliance by the applicant -

1. Before the issue of a licence / grant of approval for change of layout, the applicant is required to provide three copies of each plan, drawn to scale and in metric units, showing the final layout of the premises for approval of the Director of Food and Environmental Hygiene.
2. The layout of the premises shall be in strict conformity with the plans submitted to the Director of Food and Environmental Hygiene for approval, except for such amendments as required by the Director of Food and Environmental Hygiene.
3. The applicant is required to sign on each copy of the plans certifying that it is correct.

(Note: For the purpose of meeting this requirement, professional plans are not necessary. However, if structural or drainage alterations are carried out, the plans forwarded to the Building Authority must be presented by an authorized person. If any change is to be made to the original plans submitted with the application, the applicant is required to submit afresh three copies of amended plans for reconsideration of the Director of Food and Environmental Hygiene.)

Common Shortcomings Found in Proposed Layout Plans

5. The shortcomings below are commonly found by the Food and Environmental Hygiene Department (FEHD) in carrying out preliminary screening of the proposed layout plans, and applicants should take efforts to avoid them -

1. Plan blurred
2. Plan not in one whole piece
3. Single line drawing.
4. Plan not drawn to scale.
5. Plan without scale.
6. Plan not in common scale.
7. Plan not in metric scale.
8. Exact boundaries of premises under application for licence not properly delineated.
9. Food room not delineated.
10. Food room not shown.
11. Sanitary fitments not shown (if applicable).
12. Toilet communicates with food room
13. Type of fuel not shown (if fuel is used on the premises)

Examples of Proposed / Revised Layout Plan that Require Referral to Other Departments

(Note: The following examples are not exhaustive. Licensing authority may seek comment of relevant departments if any case in doubt.)

6. Examples of Layout Plan that Require Referral to Buildings Department / Housing Department / Architectural Services Department / Lands Department

1. Compliance with Category 1 and Category 2 building safety requirements imposed by BD that requires the submission of revised plan for comment and acceptance by BD (e.g. demonstrating the provision of adequate clear width for major exit routes outside the premises, demonstrating the adequacy of fire separation between the premises and non-licensed area, etc.).  The respective item number listed on the Letter of Requirement in respect of the revised items should be indicated on the layout plan for easy identification;
2. Alterations of the provision of facilities for persons with a disability, e.g. accessible toilet, ramp, etc.;
3. Changes in use, location, size of the exit and swing direction of exit doors of  lavatories, cloak rooms, changing rooms, store rooms, office and scullery rooms.   For avoidance of doubt, change in internal layout of these function rooms [except accessible toilets as stated in (2) above] and reposition/ arrangement of water closet compartments inside male and female lavatories are not required to refer to BD;
4. Changes in provision and location of equipment/ plants of weight exceeding 100 kg per unit regardless of the floor level on which the equipment / plants are located (including the application does not accompany with a letter or sufficient information from the applicant undertaking the weight of such equipment/plants is not more than 100 kg per unit);
5. Changes in provision and location of heavy kitchen equipment/ plants (including walk-in refrigerator/ freezer, cold storage chamber/ room), fish tank or water pool;
6. Building works under Minor Works Control System (MWCS) which have been carried out without sufficient information of submission records of MWCS (e.g. an acknowledgement letter indicating MW submission numbers). Common MW items in food business premises include:
   • Erection of non-structural raised screeds;

   • Erection of non-load bearing internal partition block/solid walls;

   • Erection of wall signboard;

   • Construction of windows / window walls;

   • Erection of metal frames for air-conditioning units on external walls;

   • Erection, alteration or removal of canopies projecting from external walls;

   • Formation of openings on floor slabs; and

   • Formation or alteration of opening to the enclosure (other than a load bearing wall) of exit staircase or its protected lobby;

7. Addition / re-location / re-arrangement of sushi/sashimi counter with service bench and conveyor belt in population more than 3 persons [including the plan which the said population has not clearly indicated in a separate capacity table for BD's reference thereon];

8. Addition / re-location of  food room for meat roasting;

9. Change in use of approved cocklofts from storage to any other use;

10. Change in proposed/licensed premises boundaries;

11. Alterations affecting fire resisting construction of premises (e.g. addition / relocation / re-arrangement of kitchen enclosure walls, kitchen doors, fire rated doors, fire rated walls, food hatches or separating walls from adjoining areas, etc.), fire compartment of the building, fireman’s lift lobby or protected exit/ corridor of building;

12. Increase in total population (including staff and customers) of premises [including the plan on which the said population has not clearly indicated in a separate capacity table for BD’s reference thereon];

13. Alterations affecting accepted means of escape route demarcated on plan; change in accepted layout of seating area from open plan seating (i.e. the plan without layout/ indication of tables and seats) to seating layout; or change in accepted seating layout for seating area;

14. Reduction in number or width of exit doors, removal of exit doors, change in location of exit doors, change in specification of exit doors (e.g. change from hardwood doors to glass doors), or change in direction of opening of exit doors from swinging doors to sliding doors;

15. Alterations of exit staircases of the building, e.g. removal of staircases enclosure walls or its smoke/protected lobbies;

16. Slabs over approved floor openings/ voids; or

17. Installation / alteration of hollow raised platform in any size within the premises.

    (Note: Housing Department, Architectural Services Department and Lands Department will assume the role of BD for food premises in Housing Authority's Properties / divested Housing Authority's Properties, Government Properties and New Territories Exempted Houses respectively.)

7. Examples of Layout / Ventilating System Plan that Require Referral to Fire Services Department

1. Change in layout completely;

2. Alterations incorporating extensions or reduction in floor area of licensed premises;

3. Change in compartmentation or internal partitions (e.g. set up a VIP room or bar counter);

4. Deletion and / or change in locations of exits;

5. Sealing up of windows;

6. Addition and / or repositioning of cooking range / stove except electricity is used as fuel for the cooking range / stove;

7. Change in type of cooking fuel (e.g. an electric stove is changed to a town gas stove) except application for change of fuel used to “electricity only”;

8. Addition and / or change in location of fuel tank / chamber (kerosene, diesel, LPG, etc.) and piping, if any;

9. Re-location of existing fire service installations and equipment in the premises (e.g. the location of Manual call point is changed);

10. Any change which may cause obstruction / alteration to fire service installation such as hose reel, sprinkler system, etc.;

11. Provision or addition of sofa or any other fixed furniture / fixtures; and

12. Change in air duct installation which penetrates through compartment walls / partitions or any addition / deletion of major ventilation provisions like fire damper and electrostatic precipitators.

Enquiries

8. Enquiries about the application procedures and issues on the preparation of proposed layout plan may be made to any of the FEHD Licensing Offices and Restaurant Licensing Resource Centre by telephone, in writing or in person. Contact details could be found at the Annex.