Bars/ pubs: India
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Revision as of 15:10, 10 March 2017
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Bar licence
‘Bar licence depends on govt discretion’ 2010
New Delhi: A restaurant may have fulfilled all conditions needed for getting a licence to run a bar, but the government can still refuse it, the Supreme Court has ruled.
A Munnar-based restaurant realised this hard truth about grant of bar licence after litigating for 10 years right upto SC, which set aside a Kerala HC judgment asking state government to allow the eating joint to open a bar.
Allowing the appeal of the state and setting aside a judgment in favour of a holiday resort, an SC Bench said: “Having regard to the fact that the state has exclusive privilege of manufacture and sale of liquor, and no citizen has a fundamental right to carry on trade or business in liquor, the applicant did not have a vested right to get a licence.” The resort was first denied licence for opening a bar on the ground that it did not fulfil the conditions attached to grant of such a licence. When it met the conditions and applied afresh, the government had turned it down saying it as a policy was not granting any fresh licences for opening bars.
Ruling in favour of the state, the Bench said: “If the state on a periodic assessment of the policy changed the policy, it may amend the rules by adding, modifying or omitting any rule, to give effect to that policy.” TNN
