Supreme Court upholds Kerala's liquor policy restricting bars to Five Star hotels
New Delhi: The Supreme Court has upheld the liquor policy of Kerala Government that restricted bars to Five Star hotels.
Dismissing an appeal filed by Kerala Bar Hotels Association, Justice Vikramajit Sen and Shiva Kirti Singh said that the Court found no illegality or irrationality with the intention of the State to clamp down on public consumption of alcohol.
“Judicial review is justified only if the policy is arbitrary, unfair or violative of fundamental rights.”
The Court expressed distress over the allegations that Five Star hotels have opened out some of their premises for consumption of liquor not only at depressed rates but also in surroundings which are not commensurate to their Five Star ratings. The State should erase such practices.
The Judges observed that the unregulated permission to consume beer and wine throughout the State by freely granting FL-11 licenses also is extremely difficult to appreciate. If the sale of beer and wine discloses an increase or if there is a trend towards serving beer of higher alcohol content, the State would have to review its stand.
The Court said that workers who had been rendered jobless could approach the High Court if the rehabilitation package announced for them was being implemented properly.
“We must note that thousands of workers at bars that lost their FL-3 licenses have been rendered unemployed as a result of the liquor policy, leading to over a dozen suicides. The State has imposed a 5 per cent cess on liquor sold in FL-1 shops for the purpose of rehabilitation of these workers. However, it has been argued before us that the amount mobilised by this cess is not being properly implemented.”
“The State may be sanguine in its assessment of the success of the impugned policy, but it must be given a chance to combat the rise in alcohol,” the Court said.
Under the policy, only 27 Five Star Hotels and 33 clubs with bars are allowed to serve liquor. Besides, the State has 806 wine and beer parlours many of which were given licence following closure of bars in Three Star and Four Star hotels under the policy.
- Log in to post comments
