In Maharashtra for drinking, a person should carry a liquor license obtained from Govt.Civil Hospital. Some districts have made a total ban on alcohol. Manipur: Illegal: Partial prohibition since 2002: Meghalaya: 21: Mizoram: 21 [citation needed] Seventeen year prohibition lifted in 2014. Nagaland: Illegal: Sale and consumption illegal since 1989. Alcohol prohibition in India is in force. Regime in Maharashtra with granting licenses to. But they will enforce on regulating alcohol consumption.
In this article, Sarthak Modi of ILS Law College Pune how to obtain a Liquor license in Mumbai. Liquor license in Mumbai Liquor is a nontoxic liquid which contains Ethyl Alcohol. It is produced by distillation of grains, fruit, or vegetables that have already gone through alcoholic fermentation. All liquids containing alcohol are known as liquor. There are mainly three types of liquor produced for consumption in India. Indian Made Foreign Liquor (IMFL) – This term is used to determine western-style hard liquors such as whisky, rum, vodka, etc., which are manufactured in India.
Beer. Country Made Liquor – These are indigenous recipes such as fenny, toddy etc. A liquor license is a permit to sell alcoholic beverages. States don’t want just anyone selling liquor. That is the reason they require restaurants and businesses to apply for a liquor license. Purchasing, possessing, transporting, and consuming liquor without a valid permit is an offence under the Bombay Prohibition Act, 1949.
In Mumbai the excise department issues licence for buying and selling of Liquor. The licenses can be broadly classified into two.
Wholesale Liquor License – means a person holding a licence in Form C.I.W. II under these rules to sell duty paid country liquor by wholesale. TOD/III under the Maharashtra Country liquor Rules, 1973, to sell country liquor by retail. Retail Liquor License – “ retail licence ” means a person holding a licence in General guidelines for obtaining Liquor license What Specific class of License you want? Wholesale Liquor License. Wholesale license for wine: Trade and Import Licence for removal a custom frontier. Licence authorising the storage and wholesale sale of duty paid country liquor to retail shop.
Wholesale sale of foreign Liquor. Retail Liquor License. Permit room license. Club License. Beer Shoppe Licence. Mild Liquor and wine bar License. Wine bar License.
Wine Shoppe License Determine whether you need an on license or an off license. You will need a license if the liquor you sell is intended to be consumed on the premises. Examples of businesses needing a license include bars, restaurants etc. You need an off license if you don’t intend alcohol to be consumed at the place of selling it. Examples of businesses that require an outside license include liquor stores, grocery stores and drug stores. Start as early as possible.
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If you intend to open a pub or restaurant serving alcohol, it is important that you start your liquor license as early as possible. To get approval for a liquor license it takes time in some places as long as a year. Therefore, this should be one of the first considerations when planning your new business venture. Complete the required form and provide any required documentation. The application will contain details about your business and your personal background.
Details of your age, your business experience, and a clean personal record may affect the state’s decision to grant you a license. You must also include a number of important documents in your application. These include: a certificate of incorporation, a partnership agreement, your company’s constitution, a copy of your proposed food menu, photos or drawings of the exterior of the building and a floor plan of the interior, a code compliance certificate, a copy of the title certificate for the premises. Renew your liquor license annually. You must renew your liquor license on an annual basis, which means you have to pay a renewal fee. Keep in mind that if you stay with your local agency during the year, you may be entitled to a reduced fee.
Be aware that your license can be revoked. Understand that your license may be revoked if you violate your local agency’s terms of service. Ordinary offenses include the sale of alcohol to a minor, the supply of alcoholic drinks to customers and to stumble an employee on the premises. Conditions under which authority grants license Section 34 – Vendor’s licenses.
The government may, according to rules or a written order give an official permission to give a vendor license for the sale of foreign liquor. An entrepreneurial license is granted under the following conditions: ( i) The stock of foreign liquor from the licensee (except for disposal at the store) will be held by him at 12 godowns approved by the government. (ii) The license holder pays all leases, costs and expenses related to warehouses and surveillance. Section 35 – Hotel licenses The government may, by rules or an order in writing, authorize an officer to grant licenses to the managers of hotels to sell foreign liquor to the holders of permits under this Act: Provided that the government is satisfied that such a hotel usually has a sufficient number of staff members eligible to hold permits. Such licenses are issued under the following conditions:. Liquor will be sold to the permit holders living or boarding at the hotel. Consumption of liquor sales will not be allowed in any of the rooms of the hotel to which any member of the public has access.
The hotel license holders must pay the expenses of any officer of the excise institution, if any, for the grant and control of permits on the premises or for the supervision of the issue and consumption of foreign liquor in the hotel. Wholesale License. The procedure to obtain wholesale licence for selling liquor is mentioned in of Bombay Prohibition Act,1949. Anyone who wants to obtain the wholesale licence shall make an application to the Commissioner through the Superintendent of the district in which he desires to establish a warehouse for the purpose of storing the country liquor. Then superintendent shall verify the particulars given therein and satisfy himself that the building or rooms of the warehouse for the purpose of sale of liquor conform to the requirements of rule 15. The requirements of warehouse premises are also mentioned in the act.
Renewal of bar/shop license In Mumbai City Restaurants with Grade 1 have been given the facility of obtaining the Bar Licence i.e. Permit room licence for “ON- Consumption” and FL II licences have been given to the shops to sale sealed Bottles for “OFF- Consumption”. The duration of these licences is for one year. Under what Rule/Act the license is issued Bombay Foreign Liquor Rules 1953. The license is issued under the Rule 24, 44, 47 and Special Permit Rules 1952 for Beer Bars. How to Apply Any person desiring to renew a license shall, thirty days before the date of expiry of license, apply for renewal thereof. Every application shall be accompanied by a challan, evidence of payment of application fee of Rs.25/- and renewal fees as fixed by the State Govt.
From time to time. What documents are to be submitted along with the application. The licensee desiring to renew the license should apply in the prescribed form along with Rs.1/- Court fee stamp. Application fee of Rs.25/- in challan. Licence fee challan as fixed by the State Govt. From time to time.
Income tax/Sales Tax clearance certificate or affidavit. Partnership Deed copy or Declaration regarding no change in the Partnership or status of the institution. Documents regarding Ownership/Tenancy of the premises. Licence in Original License for purchasing, consuming and transporting alcohol. If a person in Maharashtra is buying alcohol than he needs to be a major (i.e.
Above 18); as per Bombay Prohibition Act, 1949. However he cannot consume the alcohol, because the consumption age in Maharashtra is 25 (as per Bombay Prohibition Act,1949- Part VI-A Rule 70D).
Such a law becomes difficult to enforce as there are very limited ways to ensure that any person who is under 25 do not consume the alcohol. Even if he is caught with alcohol he cannot be punished if he is above 18. If an individual wants to buy alcohol he first need to get a license from the government. He needs to show that license to the vendor before making a purchase. A person is allowed to possess only 12 units of alcohol at a time. Cost of obtaining liquor license.
The temporary club licence or party permit fees for bigger parties (more than 100 people) is Rs15,000. But smaller parties (below 100 people) is Rs10,000. For temporary club licences for liquor parties in smaller towns, such as Navi Mumbai, where the population is below 20 lakh, the mandatory licence will cost Rs10,000 for above 100 members and Rs7,000 for below 100 members. As per excise department rules, the FL-4 licence is needed to host a private liquor party in a flat or at a resort that presently costs Rs13,000 across cities in the state. Consumers must have this licence even if they are drinking with friends in an apartment or a house party organizer can be booked for illegal possession of liquor if he does not have permission to host the party. While only if a few friends are together, the consumer should at least have a Rs5 daily drinking permit. License fee for permit rooms is Rs.
544,000 and that for beer shops is Rs.150,000. Digitalisation of Licensing process.
The state excise department also has an online portal and an app ‘excise.maharashtra.gov.in’ to grant liquor consumption permits. the permit could be obtained by simply keying your Aadhar Card number on the website or the app. A digital permit will be provided within few minutes of the application.
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The applicants can even check the application status online. Those applying for liquor permits must be aged 25 and above. A one-day drinking for foreign liquor costs Rs 5, country liquor costs Rs 2 whereas the annual permit costs Rs 100 and a lifetime one costs Rs 1,000. One can apply only one permit in a day. Earlier, applicants needed to go to the excise office to submit documents and pay fees, for getting the drinking permits.
Places where Liquor shops are prohibited. The Supreme Court in December 2017 had banned the sale of liquor within 500 metres of state and national highways across the nation from April 1,2017 but this order does not prohibit licensed establishments within municipal areas. No liquor shop should be established in municipal corporations and municipalities within a distance of 50 metres from an existing place of worship or educational institutions and that a minimum distance of 100 metres should be maintained between such places in all other local bodies. No liquor shop should be established within 100 meters of a hospital.
Penalty Possession, consumption, or transportation of alcohol in Maharashtra without a permit can get you fined to Rs 50,000 and/or a prison sentence of up to five years. References This was all about how to get Liquor license in Mumbai. Do you have anything to add to the procedural aspect of how to get a Liquor license in Mumbai?
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In this blogpost, Priyanka Kansara, Student, National Law University, Jodhpur writes on the validity of the notification which has been issued by the Maharashtra Government, which makes it compulsory for the people attending the New Year parties, to get a FL-4 licence. Recently Maharashtra State Government has issued a notification to put control and maintain the public order by giving power to the state excise officials to put an eye on the house parties and crack the whip of those organising and serving liquor without permission in their premises. The notification states that the person/group of persons, who want to organise a party to celebrate New Year in their apartment or at a restaurant, will have to get a FL-4 licence of Rs.
13,500 and a group of friends will have to get a licence worth Rs. 5 to liquor themselves up for the New Year celebration on the New Year eve. The logic behind putting different values for the licence is the different populace and in the former one, it would be for private enjoyment and in the latter one partying with a large number of people, it could be for commercial purposes. But the real purpose behind this is more or less the same, that is to recognise those groups consuming liquor so that they can be controlled and can be kept under observation.
Questioning the jurisdiction of excise officials The question which directly comes into our mind, and is apparent is, that whether the excise officials have the jurisdiction to snoop down all these activities; whether the rule can be held to be sustainable as per the Constitution. It is clear that the powers to deal with the transactions related to liquor, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors comes under the purview of the State List in the Seventh Schedule of the Constitution of India. Moreover, as per section 3 of the Bombay Prohibitions Act, 1949, ‘the State Government, may by notification in the Official Gazette appoints an officer to be called the Commissioner of Prohibition or Excise, who subjected to the control of State or special order as the State Government may from time to time issue, shall excise such powers and shall perform such duties and such functions as are conferred upon, by or under the provisions of this Act and shall superintend the administration and carry out generally the provisions of the Act’. So, the questions regarding the jurisdiction of the excise officials cannot be sustained, as it is clear from the reading of the Seventh Schedule of the Constitution of India, that the powers to make rules regarding regulation of liquor is with the State Government.
The Maharashtra State Government, while exercising the powers conferred upon it by Section 3 of Bombay Prohibitions Act, 1949, can delegate such function to any officer as it thinks fit, to exercise the powers given under the Act. So, in short, it will be proper to conclude that the excise officials do very well have the jurisdiction in this regard. The next part is regarding the constitutionality of the notification. Constitutionality of the Notification- Another question which needs to be discussed is the Constitutionality of the present notification. Article 13 of the Constitution of India clarifies the way for the State Government to issue a notification, which will come under the aegis of ‘Law’, which can be challenged for the purpose of Part III of the Constitution. Several questions with regard to the Constitutionality of the notification would be arisen such as, whether the notification is infringing right to equality as a reasonable classification should be established; whether Article 21 of the Constitution is being infringed as right to life envisages within itself the right to enjoy; whether the notification puts a restriction on forming association or assembly ensured under Article 19(c) of the Constitution. All these questions need to be answered so as to establish the constitutional validity of the regulation.
In the case of Budhan Choudhary vs. State of Bihar, the Supreme Court has put forth two important criteria for the reasonable classification i.e. (i) the classification must be based on an intelligible differentia, which distinguishes persons or things that are grouped together from others left out of the group and (ii) that differentia must have a rational relation to the object sought to be achieved by the statute in question. The same was held in the case of Chiranjit Lal Choudhary vs.
Union of India that the differential treatment for the different classes or sections of people should be based on their differential needs and necessity. In the present matter, the State Government needs to ensure a reasonable classification between the person/group of persons having a party for the New Year and the person/group of persons having a party on ordinary days. The logic behind putting a notification for the New Year eve party is, to ensure Constitutionality in the transactions regarding production, manufacturing, possession, transport, purchase and sale of intoxicating liquors, which is definitely a matter of concern for the maintenance of ‘Public Order’. Article 19 (2), of the Constitution of India, empowers the Government to put some reasonable restrictions on the Freedom of Speech, Expression and Right to movement as ensured under this constitutional provision for the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. Moreover, Article 21 of the Constitution is governed by the notion of necessity; it prevents encroachment upon personal liberty and deprivation of life except in accordance with the law. In the case of, Francis Coralie Mullin vs.
Administrator, Union Territory of Delhi and Ors., Apex Court while interpreting Article 21 of the Constitution has stated that, “the right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and commingling with fellow human beings”. Hence, it can be said that right to enjoy with friends by way of parties can be a luxury but not a necessity. Author’s views The above-mentioned points clearly lays down that the notification issued by the Maharashtra Government, which is in being questioned here, isn’t unconstitutional and the State Government is authorised to delegate its powers to any officer as it thinks fit. In a nutshell, these points can be given to prove its sustainability-. It is reasonable and non-arbitrary;. It is at par with the Constitutional values as it under the purview of Part III of the Constitution; and.
It is the duty of the state to put some regulations on the commercialization and consumption of liquor and after all, it is not a ban, it is just to regulate and inspect these activities. The concerned Notification thus is perfectly valid and constitutional. Hosting a house party on New Year eve? You can land in jail!, DNA, December 22, 2015, (accessed on December 23, 2015). Seventh Schedule (Article 246), Constitution of India, (accessed on December 23, 2015).
The Maharashtra Prohibition Act 1949, Bom. XXV, (accessed on December 23, 2015). Budhan Choudhary vs. State of Bihar, AIR 1955 SC 191. Id; also mentioned in Shri Ram Krishna Dalmia vs.
Tendolkar & Ors., AIR 1958 SC 538. AIR 1951 SC 41. Article 19 (2), the Constitution of India, (accessed on December 23, 2015). Id, Article 21, the Constitution of India. AIR 1981 SC 746.