• Drinking alcohol in hotel

Hello Sir I Rashdeep Singh Running my Restaurant near kurukshetra (not inside Kurukshetra), i have 5 separate rooms with table and chairs for meetings and get together of 5 to 20 people, separate from restaurant, I don’t sell liquor, business without allowing liquor is nothing, people get their bottles with them, do I require any license for separate room sitting and drinking, daily police is disturbing me and making pressure to settle down, what are my rights of doing business?, i have refused customers to not to drink in my parking, what should I do , Govt is selling liquor and earning a huge from tax but after buying refusing public to drink .please its a humble request to guide me, i will be very thankful to you.
Asked 1 year ago in Civil Law

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12 Answers

If hotel premises is used for dronk8ng alcohol then as per law your require licence otherwise it would be violation of excise laws. However you are not responsible if people drink in public areas outside your hotel. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

Yes your hotel should have permit for allowing drinks if you serve liquor. Else the person drinking shot carry his permit yo drink 

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

The fact is that premises is being permitted to use for drinking purpose so license is necessary.  Also, take a few precautions, like pasting of public notice prohibiting drinking alcohol etc. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

Customers are free to bring alcohol and drink in privacy of their rooms 

 

however customers should have bills for purchase of liquor in their names 

Ajay Sethi
Advocate, Mumbai
97493 Answers
7881 Consultations

 

You cannot restrain customers from drinking in privacy of their rooms booked by them 

Ajay Sethi
Advocate, Mumbai
97493 Answers
7881 Consultations

You have stated that you are running a restaurant and not a lodge.

The rooms in the restaurant is for privacy of your customers who are ready to pay extra amount for the exclusive air conditioned private room.

But that cannot be considered that you can permit your customers to drink in the restaurant which do not have permission to consume alcoholic drinks.

Therefore it would be illegal to allow your customer to consume alcoholic drinks inside your restaurant.

The sale of liquor by government will not automatically entitle you to allow your customers to consume alcoholic drinks inside your restaurant.

You can apply for bar licence and conduct the bar, which cannot be restricted by police.

 

T Kalaiselvan
Advocate, Vellore
87695 Answers
2354 Consultations

If it is a lodge and the customers are consuming inside the lodge room without disturbing others then there can be no illegality in it 

T Kalaiselvan
Advocate, Vellore
87695 Answers
2354 Consultations

IF any one is hiring room than he is allowed to drink in his personal space. No illegality or license required but in parking its illegal. 

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

Under Haryana Excise Act hotel room is not a public place, so legally police can have no objections for consumption for consumption of liquor in hotel room. But under the Act transportation of liquor without license is offence  under Section 16. Police and harass your customers for carrying liquor. If you want of stand on principle, you can approach High Court  of Punjab and Haryana and obtain restrain order against police from harassing you. As a businessman you know better to do business keeping all in good humour.

Ravi Shinde
Advocate, Hyderabad
4410 Answers
42 Consultations

Then the people drinking should have permit. Both of them should have permit either hotel or occupant 

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

- As per law, any restaurant or establishment that wishes to serve liquor in India requires an appropriate liquor license from the local excise commissioner. 

- Further, under Section 58(2)(f).  of  Haryana Restaurant (Consumption of Liquor) Rules,  No person shall keep or have in possession country liquor or foreign liquor in any quantity on any premises used as a restaurant in whole of the State of Haryana unless a licence for each such premises has been obtained by him for consumption of liquor under these rules.

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

Dear client,  

it's important to consult with a local lawyer who specializes in licensing and hospitality laws in your jurisdiction for accurate advice based on the specific laws and regulations that apply to your situation. They will be able to provide you with guidance tailored to your circumstances.

The requirements for licenses and permits to operate a business can vary depending on the jurisdiction and the specific nature of the business. In many places, establishments that serve or allow alcohol consumption, even if customers bring their own alcohol, may require some form of license or permit.

Here are a few general considerations:

Licensing for alcohol: Even if you are not selling alcohol, if your business allows customers to bring their own alcohol and consume it on your premises, you may still need to obtain a license or permit. The specific type of license or permit required will depend on the laws and regulations of your jurisdiction. It's important to research and understand the licensing requirements for operating a business that allows alcohol consumption.

Local regulations: Check with your local municipality or city government to understand the specific regulations governing businesses that allow alcohol consumption. They can provide information on the licensing requirements, fees, and any other obligations you need to fulfill.

Consult a lawyer: Given the complexity and potential legal implications, it is advisable to consult with a lawyer who specializes in licensing and hospitality laws in your jurisdiction. They can review your specific situation, advise you on the applicable laws and regulations, and guide you through the licensing process.

Compliance with laws: It's important to ensure that you are in compliance with all applicable laws and regulations. This includes obtaining the necessary licenses or permits, adhering to any restrictions or guidelines related to alcohol consumption, and addressing any concerns raised by the police or authorities.

Remember that laws and regulations can vary significantly depending on the jurisdiction. Therefore, it is essential to consult with a local lawyer who can provide accurate advice based on the specific laws in your area and help you understand your rights and obligations as a business owner.

Please consult with a legal professional for specific advice tailored to your situation.

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

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