Lawstreet Journal

Bars Open Till 3 am ? Delhi HC Asks AAP Govt To Consult Delhi Police

Lawstreet Journal 8 Jun 2022 2:08am

Image courtesy: Lawstreet Journal Judiciary Bars Open Till 3 am ? Delhi HC Asks AAP Govt To Consult Delhi Police

Recently, the Delhi High Court stated that the Delhi police has a say on keeping bars in the national capital open till 3 a.m., as offering alcohol to the general public concerns public safety and maintaining law and order.

(National Restaurant Association of India v. Commissioner of Police & Anr)

As a result, Justice Yashwant Varma ordered the Delhi government's Excise Department and the Delhi Police Commissioner to form a consultation group to examine the feasibility of keeping alcohol-serving outlets open until 3 a.m.

Though the Excise Act and 2010 Rules empowered the Excise Commissioner to prescribe the operational timing of liquor vends, the Court held that the Act and Rules had to be understood and interpreted in light of the Delhi Police's powers to control and regulate the operation of eating houses and places of public entertainment.

As a result, the court stated that bars or venues where the public is served alcohol or intoxicating substances "would clearly fall within the ambit" of the Delhi Police Act.

The Court noted that,

“Since the operation of those outlets and venues would undoubtedly have a bearing on issues such as security of the public, the issue of maintenance of law and order, it would not only have been expedient but the law itself would mandate a joint and consultative deliberation between the authorities of the Excise Department and the Delhi Police before directives such as those incorporated in Paragraph 5.1(ii) are framed.”

The Delhi government's New Excise Policy, Clause 5.1… Continue Reading...

Tagged: Arvind Kejriwal   Delhi High Court   Delhi Police   National Restaurant Association of India   Excise Act   Delhi Government  
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