The Kerala High Court has ruled that beer and wine parlour licensees can operate additional counters on their premises.
The court observed that the rules relating to grant of licence for beer and wine parlours did not contain any prohibition on maintaining additional counters on the licensed premises. The court added that foreign liquor rules with respect to the licence for operating bars in hotels stipulated that no liquor shall be sold thorough more than one counter in the licensed bar room of the hotel. However, a similar condition was not introduced in the rules relating to the grant of licence for beer and wine parlours.
Writ plea by licensee
The court passed the verdict while allowing a writ petition filed by a licensee of a beer and wine parlour at Muvattupuzha. A case had been registered against the petitioner under the provisions of the Abkari Act for violating the licence condition by opening an additional counter. The petitioner contended that there had been no condition in the licence that banned operation of additional counters in the beer parlour.
The court also restrained the excise authorities from interfering with the operation of additional counters/service desk for sale/serving of beer/wine on the licensed premises of the petitioner.
The court, however, made it clear that the judgment would not preclude the government from amending the rules for banning operation of additional counters or service desks in beer and wine parlours.
‘Judgment doesn’t preclude govt. from amending rules for banning operation of additional counters.’
