How to Apply for Restaurant Licences
The Environmental Protection Department (EPD) has long been collaborating with the Food and Environmental Hygiene Department, taking part in the Seminar on Restaurant Licensing held for prospective restaurant licence applicants. The seminar is held bi-monthly in different venues in Hong Kong. In the seminar, EPD staff will explain the environmental requirements for operating food premises to ensure that relevant parties have an understanding of the environmental laws and the licences they need to apply for, so that they can take corresponding control measures as early as possible to avoid or reduce the potential pollution that may be caused after the opening of the restaurants.
Restaurant Related Environmental Laws and Licence Application Procedures
- Air Pollution Control Ordinance
- Water Pollution Control Ordinance
- Noise Pollution Control Ordinance
- Waste Disposal Ordinance
- Application for EPD Licences
- EPD Customer Service Counter Office Address
Air Pollution Control Ordinance (Cap. 311)
The Air Pollution Control Ordinance is the main legislation controlling air pollutants from industrial and commercial activities and other polluting sources. The Ordinance is applicable to all polluting processes emitting air pollutants from chimneys, engines, furnaces or industrial facilities. The Environmental Protection Department is responsible for enforcing provisions in the Air Pollution Control Ordinance and its subsidiary legislations.
The following regulations are related to the restaurant trade :
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The Regulations stipulate that a prior approval from the EPD is required if there is any installation or alteration of furnace, oven, chimney or flue at the restaurant with the total fuel consumption capacity exceeding:
The Regulations do not apply to small installations not exceeding the above limits, electric installations irrespective of size, and installations used for the conduct of a specified process. Please click here for application details. |
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The Air Pollution Control (Smoke) Regulations (Cap.311C) stipulates that dark smoke emission from any chimney or relevant plant must not exceed :
The darkness of smoke is determined by comparing the shade of smoke to the shades on a Ringlemann Chart. When the shade of the smoke is as dark or darker than the shade No. 1 on the Ringlemann Chart, the smoke will be classified as dark smoke as defined by the above Regulation. In accordance with the above Regulations, it is an offence for the management of a restaurant to allow its chimney, flue or related facilities to emit in exceedance of the above standard. |
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Under the Air Pollution Control (Fuel Restriction) Regulation (Cap.311I), fuels allowed to be used in restaurants are as follows :
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Water Pollution Control Ordinance (Cap. 358)
Except for domestic sewage discharging into communal sewers, a Discharge Licence from the EPD should be obtained for discharge of commercial waste water in any Water Control Zones. The EPD will process any licence application and stipulate conditions in the license in accordance with the "Technical Memorandum Standards for Effluents Discharged into Drainage and Sewerage Systems, Inland and Coastal Waters".
In addition, restaurants must always be alert that treated effluent from the restaurant must be connected to communal sewer leading to waste water treatment facilities. Storm drains are to collect rain water only. Any person discharging waste water into storm drain commits an offence under this Ordinance.
Free application forms for Discharge Licences are available from EPD offices. Applicants are required to submit duly completed application forms, together with water bills for the last three months or information for estimation of water consumption to EPD regional control offices. Applicants can also submit a signed copy of the application to the corresponding Regional Office via email first before providing the original hard copy by post/in person to the Office. If necessary, EPD officials may ask the applicants for other related information (such as drainage plan). Applicants are required to pay an appropriate licence application fee.
A Discharge Licence will contain relevant conditions, such as discharge point, requisite waste water treatment facilities, maximum discharge volume, standard for discharge, requirements for self-monitoring and keeping of records (including self-financed sampling, laboratory testing and analysis). A Discharge Licence is normally valid for five years and can be renewed upon application.
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Noise Control Ordinance (Cap. 400)
The Director of Environmental Protection has been appointed as the Noise Control Authority responsible for the enforcement of the Noise Control Ordinance. The Ordinance provides, among others, a statutory control for the avoidance and reduction of noise from industrial and commercial premises.
If noise from industrial and commercial premises exceeds the "Acceptable Noise Level" laid down in the "Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Contruction Sites", or causes nuisance to noise sensitive receivers, EPD will issue a "Noise Abatement Notice(NAN)" to the person in charge of the premises, requiring him/her to abate the noise to within statutory limits by a specified time period. Failure to comply with the requirements of a NAN is an offence under the Noise Control Ordinance.
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Waste Disposal Ordinance (Cap.354)
It is an offence under the Ordinance for any person who without lawful authority or excuse deposits or causes or permits to be deposited any waste in a public place, on any Government land, or on any land other than Government land without the consent of the owner or occupier.
Apart from the above general provision, the Ordinance has the following two major regulations :
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Waste Disposal (Chemical Waste)(General) Regulation (Cap.354C)
The Regulation provides for the control of all aspects of chemical waste disposal, including storage, collection, transport, treatment and final disposal. Any person producing or causing to be produced chemical waste must be registered with EPD as a Chemical Waste Producer. Chemical waste must be properly stored and labeled before disposal. Only licensed collectors are allowed to deliver chemical waste to licensed chemical waste treatment facilities for treatment. Chemical waste producers must maintain a proper record of delivery of chemical waste for inspection by EPD officials. -
Waste Disposal (Livestock Waste) Regulations (Cap.354A)
The Regulations set out the legal requirements for proper handling of livestock waste to guard against dangers to public health or risks of pollution.
Livestock farmers are required by the Regulations to ensure that the disposal of livestock waste will not cause any pollution or nuisance to the environment. In particular, liquid livestock waste must be treated to meet the following standard for waste water prior to disposal at soakaway pits :- Biochemical oxygen demand : not exceeding 50 mg per litre, and
- suspended solid : not exceeding 50 mg per litre
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