A Division Bench of the Kerala High Court on Friday held that no special licence under the provisions of the Foreign Liquor Rules was required for serving liquor at a function being held on the premise of an individual’s house.
The Bench, however, said the rules regarding permitted quantity and other restrictions should be followed while serving liquor at one’s own household.
The court made the ruling while allowing a writ petition filed by Alex V. Chacko of Peroor in Kottayam seeking to allow him to serve liquor at his house in connection with a baptism ceremony of his grandson.
Senior government pleader P.P. Thajudeen contended that the petitioner was bound to obtain FL-6 licence, a special licence issued for serving liquor on special occasions, on paying a licence fee of ₹50,000.The licence was not intended for sale and it was meant only for serving liquor at conference, meeting, marriage function, etc. If liquor was sold at the function, it would be treated as an offence. If the plea of the petitioner was allowed, then people would start selling liquor in their houses and every house would soon be turned into bars. In fact, this rule had not been challenged so far.
Dismissing the contentions of the government, the court observed that serving of liquor to guest on festive occasions did not amount to vending of liquor as provided under Section 15(c) of the Kerala Abkari Act. Besides, Section 15 did not contemplate a house or residential places.
It banned consumption of liquor in public places. The court said that the government had imposed restrictions on the quantity of liquor a person could possess. That apart, the public place had also been defined. The government could take action if these rules were violated.
The petitioner argued that he was obliged to conduct the baptism ceremony of his grandson at Knanaya Catholic Church, Peroor, and wanted to serve liquor along with dinner in the function to be held on his premises. It was one of the customs followed by the community belonging to the petitioner.
