Restrictions on bar timings of five-star hotel cannot be imposed out of fear of drugs

According to a report by NDTV, the Kerala High Court clarified in an important verdict that operating hours of licensed five-star hotel bars cannot be restricted solely on the basis of apprehension of drug consumption, violence, or criminal activities. The court has quashed police notices curtailing late-night operations and DJ parties at the Kochi-based Radisson Blu Hotel. The court has ordered that five-star hotels possessing a legal FL-3 license and necessary excise permits are entitled to operate three hours beyond the normal midnight closing time, i.e., up to 3 am at night.

This verdict came on a petition filed by Radisson Blu challenging notices issued by the Assistant Commissioner of Police and the Kadavanthra Police Inspector restricting DJ programs after 11:00 pm. The hotel had argued that it had paid the prescribed fee of ₹5 lakh for extended operating hours and that the police had no legal authority to impose a blanket ban on DJ events. Justice Murali Purushothaman ruled that DJing is not a prohibited art and citizens have the fundamental right to assemble peacefully under Article 19(1)(b) of the Constitution. The court also recognized the hotel's right to carry on business under Article 19(1)(g), subject to reasonable restrictions.

The police had defended the restrictions citing increasing incidents of substance abuse, violence, and public order issues associated with late-night entertainment. However, the High Court ruled that merely the possibility of criminal activities cannot override permissions granted under the Foreign Liquor Rules. The court clarified that if the police have reliable information about drug consumption or other crimes during DJ parties, they should initiate strict action under criminal law instead of imposing sweeping restrictions.

At the same time, the bench also acknowledged the right of nearby residents to protection against noise pollution under Article 21. The court clarified that the police retain the power to take action against violations of permissible noise levels through legally prescribed procedures. The court also noted that restrictions imposed under Section 79 of the Kerala Police Act cannot remain in force for more than 15 days.