Another bar given leave to appeal against licensing conditions
We see that yet another bar has been granted leave to apply for a judicial review against a decision by the Municipal Services Appeal Board by Mr Justice Kevin Zervos. The applicant in this case is Philippe Orrico, who operates a fine-dining restaurant known as Upper Modern Bistro in Upper Street, Sheung Wan.
The restaurant was granted a liquor licence by the Liquor Licensing Board in October 2013 in the face of strong local objections, according to submissions at the hearing in which residents complained that the area was primarily a residential district and not a place for a licensed restaurant. They were concerned about late-night noise and the possible escalation of businesses of this type in the area.
Instead of getting a licence for a year, Upper Modern Bistro was granted one for nine months along with four conditions that stipulated that the doors and windows should be closed after 6pm, sale of liquor should stop at 10pm and should not be consumed after 11pm, and sound equipment should be turned off after 10pm.
The bar appealed to the MSAB against the reduced licence and the four conditions. This was heard in January this year, and the board revoked the licence with immediate effect, concluding: "The premises were not suitable for selling intoxicating liquor having regard to its location and it is contrary to the public interest to grant a liquor licence."
With the granting of leave to apply for a judicial review, the licence has been reinstated until the judicial review is heard. Justice Zervos said: "There is a basis to reasonably argue that the MSAB in its written decision has made inconsistent statements and findings as to the description and circumstances of the locality; that it has not appropriately addressed the submissions of the applicants or provided adequate analysis of them; that it has not provided adequate reasons for its decision. In the latter point, the issue is whether any adequate reasons, if at all, have been provided in the decision."
