10A.—(1) This regulation applies only to the following permitted premises, which has more than 930 square metres of total floor area attributable to retail shops:| (a) | a retail shopping centre; | | (b) | a bulky retail shop or other retail shop that is the sole or predominant occupier of a single building, or of 2 or more buildings that are either adjoining or separated only by common areas or other areas owned by the same owner. |
| (2) Every relevant occupier of permitted premises mentioned in paragraph (1) must take all reasonable steps to ensure that the total number of customers and visitors within the retail common area of the permitted premises does not, at any time, exceed the prescribed threshold for those permitted premises. |
| (3) The prescribed threshold for any permitted premises mentioned in paragraph (1) is the number (rounded up to the nearest whole number) resulting from dividing by 16, the total floor area of the premises attributable to the retail shops. [S 1070/2020 wef 28/12/2020] [S 299/2021 wef 01/05/2021] [S 329/2021 wef 16/05/2021] [S 371/2021 wef 14/06/2021] [S 536/2021 wef 22/07/2021] |
(4) The floor area of the permitted premises attributable to the retail shops is —| (a) | the total of all the lettable retail area in the permitted premises, and the floor area of the retail common areas; less | | (b) | the floor area of all car parking and roof terraces within the premises. |
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(5) In this regulation — “bulky retail shop” means a retail shop handling —| (a) | household appliances and fittings, furniture, homeware, office equipment, outdoor and recreation equipment or party supplies; | | (b) | pets and pet supplies, plants, landscaping and gardening supplies and equipment; | | (c) | building and construction materials, hardware, wall tiles or floor tiles or similar coverings, motor vehicles, boats, or motor vehicle or boat parts and accessories; or | | (d) | other goods that are of a size, weight or quantity which require a large area for handling, display or storage; |
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| “floor area” has the meaning given by rule 2(1) of the Planning (Development Charges) Rules (Cap. 232, R 5); |
“lettable retail area”, for any premises mentioned in paragraph (1), means the floor area of all of the following in those premises:| (a) | the area used, or intended for use, by the owners or lessees of retail shops in the permitted premises in relation to the conduct of their retail businesses in their retail shops in those premises, including any area that is part of common property which an owner or lessee of a retail shop has a right to the exclusive use of the area; | | (b) | so much of the area of the permitted premises as are designed and available for use in carrying on the business that is, or will be, carried on at a retail shop; |
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“relevant occupier”, for any permitted premises mentioned in paragraph (1), means any of the following:| (a) | where the permitted premises is a retail shopping centre, each of the following:| (i) | the permitted enterprise that is the person in paragraph (b)(i) or (ii) of the definition of “retail shopping centre” in regulation 2(1), or a management corporation, having the management and control of the common property of those premises; | | (ii) | a person managing or controlling, or apparently managing or controlling, the common property of those premises in those premises; | | (iii) | an individual who is, or appears to be, the employer or agent of any person in sub-paragraph (i) or (ii) and at work managing and maintaining the common property of those premises; |
| | (b) | in any other case, each of the following:| (i) | the permitted enterprise entitled to occupy those premises; | | (ii) | a person managing or controlling, or apparently managing or controlling, a business, an undertaking or work carried on in those premises; | | (iii) | a person who is, or appears to be, the employer of any individual at work in the business carried on in those premises; |
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“retail common areas”, for any permitted premises mentioned in paragraph (1), means such areas in the permitted premises that are used, or intended for use — | (a) | by the public; or | | (b) | in common by the owners or lessees of retail shops in the premises in relation to the conduct of their retail businesses in their retail shops in the premises, |
| but excludes any area designed and available for use, or used or leased, for carrying on the business that is, or will be, carried on at a retail shop that is a unit, or a lot within a strata plan under the Land Titles (Strata) Act; |
| Examples of retail common areas |
| Stairways, escalators and lifts. |
| Thoroughfares or access ways for the use of service vehicles or the delivery of goods. |
| Information or entertainment facilities. |
[S 473/2020 wef 19/06/2020] |
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