FEHD issues warning letter to permitted dog-friendly food premises for persistent non-compliance
The measure allowing dogs to enter permitted food premises has been implemented since July 9. A dedicated team from the Food and Environmental Hygiene Department (FEHD) has been conducting inspections to all the permitted food premises over past few days to assist operators in complying with the relevant requirements. A spokesman for the FEHD said today (July 14) that the department has taken enforcement action against a permitted food premises in Kowloon City District for persistent non-compliance, and issued a warning letter to the licensee concerned, requiring that immediate rectification measures be taken.
The spokesman stressed that, while the department regards the first month of implementation as an adaptation period for the measure, during which the principle of "advice before enforcement" is adopted, it does not mean a relaxation of regulatory oversight. Should serious cases of non-compliance or situations affecting environmental hygiene or food safety be detected, the FEHD will definitely take decisive enforcement action to ensure public safety and fairness of the policy.
During a recent inspection of a permitted Chinese restaurant in Kowloon City, the dedicated team discovered that the establishment was in breach of regulation by serving food being cooked or reheated at the dining table. A verbal advice and a verbal warning were subsequently issued to the person-in-charge of the food premises on July 11 and 12 respectively. Officers of the dedicated conducted another inspection to the food premises concerned yesterday (July 13) and found it in breach of the regulation again. A warning letter was thus issued to the licensee, requiring proper rectification of the non-compliance.
The spokesman reiterated that, the FEHD will take decisive enforcement action if permitted food premises commit serious non-compliance, including serving food being cooked or heated over an open flame on dining tables, allowing fighting dogs or known dangerous dogs to enter the food premises, or allowing dogs to enter the food rooms.
Moreover, the FEHD has been proactively inspecting food premises without valid permission (non-permitted food premises) since July 9. Immediate verbal advice will be given if dogs are found to be allowed into these food premises. The FEHD is gathering further information and intelligence, and will commence strict enforcement actions from this week onwards should there be instances of persistent non-compliance despite repeated warnings. The spokesman reminded that both food premises operators and dog owners have the responsibility to comply with the relevant regulations. Any food premises that allows the entry of dogs without a valid permit commits an offence, and is liable to a maximum fine of $10,000, three months' imprisonment, and an additional daily fine of $300. Members of the public who bring dogs into non-permitted food premises also commit an offence and facing the same legal penalty.
According to the licensing conditions of permitted food premises, cooking or heating food on dining table with appliances such as open-tlame or electric stoves is strictly prohibited at all times. Candles or electric coasters are restricted to keeping beverages warm only and must not be used for heating food. If a licensee receives three warning letters within a 12-month period for breaching the relevant additional licensing conditions, the FEHD will consider cancelling the restaurant's "Permission for Presence of Dogs on Food Premises". Furthermore, within 12 months from the date of cancellation, no application for the same permission submitted by the same licensee, their representative, business partner, or business proprietor for the same premises will be entertained.
As of July 13, the 90 dedicated officers of the FEHD have conducted about 4 700 inspections to permitted food premises across various districts, and over 400 inspections to other food premises not permitted for the entry of dogs. The dedicated teams will continue to step up inspection and publicity efforts to assist permitted food premises in adapting to the new arrangements. Should any issues be identified, dedicated officers will provide immediate guidance and make every effort to assist food premises in complying with the relevant requirements, so as to ensure the smooth implementation of the new measure.
The FEHD reminds all persons-in-charge and frontline staff of permitted food premises once again that they must fulfill the licensing conditions and legal requirements, and to supervise and remind customers with dogs, so as to safeguard diners' safety and public hygiene.
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