Licence upgrade for raw oysters and sashimi
A 38-seat light refreshment restaurant in Sai Ying Pun holds a valid Light Refreshment Restaurant Licence. The owner wants to add a six-seat oyster bar and a sashimi counter. The only hand-wash basin in the food preparation room is inside the staff toilet; the toilet opens directly into the preparation room. There is one double-bowl sink used for washing vegetables and equipment. The proposed oyster shucking station is 1.2 m from a raw meat preparation table. The owner plans a 'soft opening' next Saturday for 30 invited friends, charging HK$150 per head, before applying to vary the licence. He says the existing licence already covers 'food' and that oysters and sashimi are just menu items. No supplier documents or shellfish tags are available.
1. Can the owner rely on the existing Light Refreshment Restaurant Licence for raw oysters and sashimi? Explain the licensing and layout issues.
Read the worked answer
No. A Light Refreshment Restaurant Licence is issued for a limited style of light refreshment operation and is subject to licence conditions. It does not authorise raw oysters or sashimi merely because they are 'food'. These are high-risk ready-to-eat foods requiring a full restaurant licence and FEHD approval of the layout, equipment and process. The existing hand basin inside the toilet, a toilet opening directly into the food room, and a single double-bowl sink shared by vegetables and equipment are incompatible with raw shellfish and sashimi. A dedicated hand-wash basin in the food room, separated raw and cooked zones, dedicated sinks, chilled display at 4°C or below, potable water and ice, separate utensils, and supplier and health controls would be expected. The 1.2 m separation from raw meat is also inadequate.
2. What should the operator do before the planned soft opening, and what is the legal significance of charging HK$150 per head?
Read the worked answer
He should postpone the event and apply to vary or replace the licence before any raw oyster or sashimi service. Plans should be submitted, works completed, and a pre-opening inspection passed. Staff need training, health declarations and separate utensils. Oysters should come only from an approved source with tags, and the shellfish should be kept at the correct temperature. Charging HK$150 per head makes the event a sale, not a private party. Trading before the licence or variation is issued is an unlicensed food business and also a breach of the existing licence conditions. The fact that guests are 'friends' does not remove the sale element if money is charged.
3. If the operator proceeds anyway, what enforcement and risk-control steps should the EHO take?
Read the worked answer
The EHO should stop the sale of raw oysters and sashimi immediately, hold or seize any product, and record the menu, receipts and the 'invited friends' arrangement as evidence of sale. Consider prosecution under the Food Business Regulation and licence action. The unsafe layout is a separate contravention. Give a clear written list of required works and a reinspection date. Do not allow a 'trial' to become an accepted defence. If oysters have been served, collect consumer details for follow-up and recall. Check shellfish tags and supplier records; if they are absent, treat the product as of unknown origin and unfit for raw consumption. The EHO should also verify that the toilet opening and hand-wash arrangement are corrected before any higher-risk food is approved.