On-Site Cafe
Coworking spaces may have restaurants/cafes within their premises. This allows users to dine while working / dine off work. However, it is important to note that the operation of restaurants in coworking spaces is regulated by laws.
Food Business Regulation
Pursuant to section 5 of FBR, every person running a food business must always ensure that all parts of the structure of the food premises they use are kept clean and free from harmful substances. One must also maintain them in a good state, fixing any damage, and keeping them in a condition that allows effective cleaning. Additionally, reasonable measures should be taken to prevent infestation by rodents, insects, and birds from entering the premises.
Licensing
General Restaurant License
A restaurant licence must be obtained from the Department of Food and Environmental Hygiene for the food business which involves the sale of meals or unbottled non-alcoholic drinks other than Chinese herb tea, for consumption on the premises.
Application Process
Here’s what you need to prepare beforehand:
- A General Restaurant License Application
- Three certified true copies of the scaled metric layout plan of the premises showing the layout of the kitchen, preparation area, refreshment area, toilets, stores, etc.
- Certified true copies of Business Registration Certificate, Certificate of Incorporation and Articles of Association of the company
- A certified true copy of Notice of Situation of the Registered Office A certified true copy of the company’s most recent Annual Returns
- A copy of the Board Resolution confirming the appointment of an authorized person to represent the company in applying for the license
- A certified true copy of the stamped tenancy agreement or record of ownership of the office premises
Follow these steps!
Step 1: Submission to the Hong Kong FEHD
Upon receipt of the application, the FEHD will dispatch a copy of the completed application form along with the proposed layout plan to the Buildings Department and the Fire Services Department for approval.
Step 3: Site Inspections
The FEHD, Buildings Department and Fire Services Department will conduct separate site inspections to check the suitability of the proposed premises for the restaurant.
Step 5: Issuing Licensing Requirements
The FEHD, Buildings Department and Fire Services Department will conduct separate site inspections to check the suitability of the proposed premises for the restaurant.
Step 7: Final Verification
Within 10 days of receiving the report of compliance from the applicant, the FEHD will conduct a final verification of the premises.
Step 0: Prepare everything on the list above!
Remember, for the 3 metric scaled plans, they must adhere to the minimum statutory requirements set out by the FEHD.
Step 2: Screening
The FEHD will conduct a preliminary screening of the layout plan to ensure that it conforms to the FEHD’s basic requirements before the application is processed further. Applicants will be informed of the outcome within 10 working days.
Step 4: Application Vetting Panel meeting
An Application Vetting Panel meeting between the officers of the three departments and the applicant will be held within 10 days after the site inspections. Problem areas, remedial works and the applicant’s proposed construction/decoration programs will be discussed at the meeting.
Step 6: Report Compliance
Within 6 months of receiving the letter of licensing requirements, the applicant must fulfil all the criteria listed therein and report compliance to the FEHD for verification.
Step 8: Issuing General Restaurant License
If the FEHD finds the premises to be satisfactory, it will issue the General Restaurant License on payment of a prescribed license fee by the applicant, within 7 days of final verification.
Employment Law
Payment of Wages (ss.19-36 Employment Ordinance [“EO”] (Cap.57) which outlines the requirements for payment of wages, including minimum wage rates, wage periods or reductions in wages.
Hours of Work (ss.37-47 EO) which set out the maximum working hour, restrictions on overtime work, restrictions on overtime work, and requirements for meal breaks and rest intervals.
Rest Days, Holidays, and Annual Leave (ss.48-63 EO) which covers entitlements to rest days (at least one rest day per week), statutory holidays (at least 12 days per year), and annual leave (at least 7 days after 12 months of continuous employment).
Sickness Allowance and Maternity Protection (ss.64-68 EO) which provides for sickness allowance for employees who are unable to work due to sickness or injury, as well as maternity leave and entitlement to maternity pay.
READY?
Looking to safeguard your legal responsibilities? Utilise our Coworking Contract Generator for added assurance!