The Tamil Nadu government has informed the Madras High Court that a special licence for serving liquor during international and national events at conference halls, convention centres and stadia shall be issued on condition that it should be served to the guests strictly within a designated area away from public view.
The first Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy has also been informed of a series of other stringent conditions that the government proposes to impose on the licencees to ensure that the special licence was not misused to indulge in illegal sale of liquor.
The submissions were made in an additional counter affidavit filed by the Commissioner of Prohibition and Excise J. Jayakanthan in response to a public interest litigation petition filed by K. Balu, president of Advocates’ Forum for Social Justice, against the introduction of the special licence regime for serving liquor.
Advocate General P.S. Raman submitted the additional counter affidavit, filed also on behalf of Home Secretary P. Amudha, before the court. However, when Senior Counsel N.L. Rajah, representing the PIL petitioner, sought time to file his reply to the additional counter affidavit, the judges adjourned the hearing to March 7.
The government told the court that it had received representations from Associated Chambers of Commerce & Industry of India, Mahindra World City- Chennai, Indo-American Chamber of Commerce and Tamilnadu Trade Promotion Organisation emphasising the need to serve liquor during international and national events.
NOC FROM POLICE
After considering such requests, the government had decided to introduce the special licence regime for storing and supplying liquor to guests during conferences and summits held at conference halls and convention centres (except those situated in educational institutions) and the sports events held at various stadia.
Following doubts raised by the court regarding possible misuse of the special licence, the government said it had decided to insist upon the licencees to obtain No Objection Certificates (NOCs) from the Commissioners of Police for venues situated in city limits and from Superintendents of Police for those in the districts.
Every application for grant of the special licence should be made seven days prior to the event and it should be accompanied with a sketch of the designated area within which the liquor could be served away from public view and also the number of people who could be accommodated within the designated area.
Stating that Tamil Nadu State Marketing Corporation (Tasmac) shall determine the quantity of liquor that could be supplied for such events depending upon the number of guests, the Commissioner for Prohibition said the excess liquor bottles, if any, should be duly returned to Tasmac after the event.
INSPECTION SQUADS
The government also told the court that it shall deploy inspection squads for monitoring the implementation of the conditions during large international/national events and that random inspections would be carried out by special teams in other smaller events held at conference halls and convention centres.
The special licencees would be instructed not to serve liquor to any person below 21 years of age and violation of any of the conditions imposed on the licencees would lead to forfeiture of the deposit amount as well as the cancellation of the licence, Mr. Jayakanthan said.
Further, no serving/consumption of liquor would be allowed under the special licence on Tiruvalluvar Day falling in the month of January, Gandhi Jayanti on October 2, the birth anniversary of Prophet Mohamed, Mahaveer Jayanti, Vallalar Ninaivu Naal, Independence Day, Republic Day and May Day every year, he added.
The Commissioner also brought it to the notice of the court that such special licences were already being issued in Maharashtra, Karnataka, Punjab, Telangana and Delhi with varied conditions but the Tamil Nadu government had decided to impose much stricter conditions compared to those States.
