D. Shopfront extensions

D. Shopfront extensions

Under section 86F of the Public Health and Municipal Services Ordinance (Cap. 132), it is an offence for a person, without lawful authority or reasonable excuse, to place or leave an article in a public place, or to cause, allow or permit this to happen, in connection with a shop business, if the article causes or may cause obstruction, inconvenience or danger to the public. 

Penalty and fixed penalty notice 

Contravention of section 86F is an offence punishable by a fine of $25,000 and imprisonment for 3 months. Alternatively, a public officer can issue a fixed penalty notice of $6,000 to the offender. For more information about the fixed penalty notice, please refer to “Fixed penalty for public cleanliness and obstruction offences”. 

Meaning of shopfront extension 

A shopfront extension usually occurs when a shop places goods, equipment or other business-related items outside the shop in a public place, such as on a pavement, and those items cause, or may cause, obstruction, inconvenience or danger to the public. 

The mere placing of an item outside a shop does not automatically amount to an offence. The item must cause, or be capable of causing, obstruction, inconvenience or danger to members of the public. 

Meaning of “article” 

The word “article” has a wide meaning. It includes stock in trade, whether living or non-living, and any other substance. Examples include goods, display racks, boxes, equipment, food, plants, animals, construction materials and other items connected with a shop’s business. 

Common examples of shopfront extension 

Various forms of shopfront extension may occur, including but not limited to: 

• unauthorised alfresco dining services in front of or next to food premises; 
• additional counters outside shops for selling items; 
• placing items outside shops, whether or not platforms, shelves or ramps are used for temporary storage or display; 
• placing publicity materials outside shops, such as stand-alone advertisement boxes, easy-mount frames or electric light boxes; 
• carrying out business operations on pavements or roadsides outside shops, such as iron bar cutting, welding, car repair or washing, recycling activities or mail sorting; and 
• attaching fixed canopies to shops to create a covered “shelter” area, or attaching platforms at the shopfront to extend the shop’s business area. 

Requirement to remove articles 

If an authorised public officer has reason to believe that a shopfront extension offence is being, or has been, committed, the officer may require the relevant person to remove the article from the public place within a specified period. 

This requirement may be directed to a person concerned in the business, or to a person who appears to be an employee or agent of such a person. 

Removal, seizure and detention by the Director 

The Director of Food and Environmental Hygiene may remove, seize or detain the article if the person required to remove it fails to comply with the requirement. The Director may also take action where no person to whom the requirement may be made is present. 

This means that where goods or other business-related articles are left in a public place and no responsible person is available, the Director may take enforcement action without first securing removal by the shop. 

Forfeiture of seized articles 

If an article has been removed, seized or detained, the Director may forfeit it to the Government if no claim is made for its return within the relevant time limit. 

For non-perishable articles, the claim period is 7 days after the exercise of the power. For perishable articles, the claim period is shorter: 48 hours after the exercise of the power. Perishable articles may include items that may spoil, decay or become unsuitable for use within a short time, such as food produce, cooked meals, livestock and flora. 

Claiming return of seized articles 

A person may claim the return of an article within the applicable time limit. If the Director is satisfied that the claimant was entitled to possession of the article at the time it was seized, the Director must return the article to the claimant.