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LIQUOR LICENSING
ALCOHOLIC
BEVERAGES
BEER WINE
SPIRIT
RUM,WHISKEY,VODKA,GIN,
TEQILA, BRANDY,LIQUEURS
• Currently there is no national policy on alcohol , as liquor licensing is a state subject and each state is free to
enact its own liquor policy
• Need for the License
Places like bars and restaurants that allow the consumers to consume the beverage on its premises are
required to obtain a liquor license. On the other hand, obtain an off-licence to sell liquor in liquor stores.
• Types of Licenses
Liquor licenses are broadly classified into two types.
1. Wholesale Liquor License
2. Retail Liquor License
• Retail Liquor License
This license refers to an individual carrying a license in Form C.L.III or C.L./F.L/. Retail Liquor License is
further classified into:
 Permit Room License
 Club License
 Beer Shoppe License
 Mild Liquor and Wine Bar License
 Wine bar License
 Wine Shoppe License
• Issue of License
The Government has implemented certain sections concerning the grant of the liquor license to the
concerned licensee subject to compliance with these requirements.
• Any restaurant or establishment that wishes to serve liquor in India requires an appropriate liquor license.
Operating a bar without this license can lead to huge penalties, shutdowns and legal repercussions. To apply
for the same, business owners must contact their local excise commissioner.
• Documents Required for Liquor License
 Company registration or incorporation certificate
 Proof of address of the business premises
 Completion certificate of the restaurant or bar
 Trade license
 Eating house license registration from the District Commissioner of Police
 New GST registration
 NOC from the state fire department
 Affidavit ensuring the applicant has no outstanding dues or criminal history
• Section 35 of Bombay Prohibition Act : Hotel Licenses
The applicant can obtain a Hotel license if all the requirements are per the Government norms or
through a written order that officially permits the managers of a hotel to sell foreign liquor. The
Government, before granting the license, ensures that there are adequate staff members in the
hotel to hold the permits.
The applicant can opt for hotel licenses under the following contingencies.
 Liquor is sold to every permit holders living or boarding the hotel.
 Consumption of liquor sales is not allowed in any hotel room to which the public has access.
 The holders of hotel license are obligated to remit the expenses of any of the officers of the
excise institution (if any) for the grant and control of permits on the premises or the supervision
of the issue and consumption of foreign liquor within its confines.
General process involved in obtaining a liquor licence in India.
 First and foremost, visit the state excise department’s official website to get an idea of the process. You can also
visit their physical office to gain some insight into what is expected
 Once you have an idea regarding the process involved, decide on what type of licence you need
 Next, collect the required documents to start the application process.
 Download the application form for your desired type of licence from the state excise department’s website
 Duly fill the form with the required details and attach supporting documents wherever necessary
 Some of the details you will need to mention include details regarding your place of business, personal
information, and mention the types of liquor you wish to sell
 Submit the filled out form to the concerned authority and pay the applicable application fee
• The authority will then verify all the details provided. They may also visit your business premises to check
whether everything is in order. In case they find that something is amiss, they may ask for additional
supporting documents, which you must provide
 Once the verification process is complete, they will post a notice regarding your request for a liquor licence on
your business premises. This is to notify the locals about your new business. If they wish to raise objections,
they may do so within a specified period, and you will then have to justify why your business will not be a
hindrance to them
 If no one raises any successful objection, the authority will grant you a liquor licence, and you may begin
operations.
TYPES OF LICENSES
Periodicity of Licences –
Subject to the fulfillment of other requirements a Licences shall be granted, renewed or continued by the
Licensing Authority, either for a period of one year or five years as per the request of the applicant Licensee in
that behalf:
Fee for grant, renewal or continuance: —
(a) Fee for grant, renewal or continuance of a licence for one year shall be as notified by the Commissioner at
least sixty days in advance of the financial year;
(b) (b) Fee for grant or renewal of a licence for five years shall be equal to four and a half times the fees
chargeable for the grant or renewal or continuance, as the case may be, of that licence, for one year
• No licence shall be granted (a) in respect of permises of any hotel, restaurant or centeen. 3 (i) which is
situated within a distance of seventy five meters from any educational or religious institution or from any bus
stand, station, depot of the Maharashtra State Road Transport Corporation or from the boundary of any
National or State Higway :
Procedure for renewal of licence for subsequent period.––
(1) Where any licencee desires to continue to sell liquor after the date of expiry of his licence shall make
an application in Form “E-1” accompanied by chalan evidencing a payment of fee of twenty five
rupees at least thirty days before such date.
(2) Any licence granted may be renewed by the Collector for a period not exceeding one year at a time on
recovery of fee prescribed.
Penalty
• Section 82 of Bombay Prohibition Act : Breach of licence, permit, etc. to be an offence
• Cancellation and suspension of licenses.
• Imprisonment for a term which may extend to six months or with fine which may extend to [five
thousand rupees] or with both,
RESTAURANT AND VARIOUS TYPES OF OUTLETS
SWIMMING POOL LICENSE
Procedure
Apply In-Person:
 The owner or the occupier of the swimming pool shall approach the respective office of the commissioner of
police as appropriate to register for the grant of permission to operate the swimming pool.
 Please complete the application form with the mandatory details. Attach the document as per the “Required
Documents” section of this page and submit in 4 sets to the designated receiving authority as advised.
 The application will be processed further. The department will make necessary inquiry to ascertain the pool
requirements for safety, security and hygiene.
 The application may be forwarded to the respective committee (comprising local bodies, fire and rescue
services, health department and sports development authority) for its consideration to issue ‘No Objection
Certificate’. The committee will evaluate the application as per norms to sanction a “NOC”.
 Once the above steps are completed successfully, the issuing authority will complete the formalities to grant
the permission to operate the swimming pool in prescribed form as appropriate.
 The licence will be delivered to the office address mentioned on the application through post or hand-
delivered as notified, or it will be delivered as per applicable norms.
Required Documents
Application form
Covering letter
Applicant’s proof of address (ration card / bank pass book / telephone bill / aadhaar card)
Applicant’s proof of identity (voter id / passport / aadhaar card / driving licence)
Copy of the concurrence obtained from the competent authority
Copy of approved plan
Key plan or site plan
Copy of order granting permission for construction of the swimming pool
Copy of the clearance certificate of the Public Works Department
Completion report of the swimming pool
Copy of proof of ownership of the land/ lease agreement
Postcard size photograph of the swimming pool in different angles
Passport size photograph (4 numbers)
Latest water test report from authorized laboratory
Notary public notarized affidavit in a non-judicial stamp paper worth Rs.100 (or as per the advised value)
Certificate of incorporation of proprietorship/partnership/limited/private Ltd., /company (in case of applicant is a
firm)
Self-addressed envelope cover with stamp (value as advised) affixed
”GST” registration certificate in the name of the proprietor/company/firm/individual
”PAN” of the proprietor/company/firm/individual
Aadhaar card
• KEY PONTS
• LICENSEE TO MAINTAIN SEPARATE BATHROOMS AND DRESSING ROOMS FOR MALE AND FEMALE.LICENSEE
SHALL PROVIDE SHOWERS IN BATHROOM.
• THE LICENSEE SHALL KEEP THE WATER IN THE POOL CLEAN AND CHANGE IT AT LEAST ONCE A MONTH AND
ALSO AT SHORTER INTERVALS IF THE COMMISSIONER SO DIRECTS.
• LICENSEE IS GRANTED FOR PERIOD OF ONE YEAR. RENEWAL OF LICENSE ALLOWED AND APPLICATION FOR
RENEWAL TO BE MADE BEFORE 30 DAYS OF EXPIRY OF LICENSE PERIOD.
• THE LICENSEE SHALL KEEP AND MAINTAIN ON THE PREMISES OF THE POOL A FIRST AID BOX CONTAINING
SUCH MATERIAL AS THE COMNIISSIONER MAY DIRECT. THE LICENSEE SHALL EMPLOY AN INSTRUCTOR WHO
HAS ADEQUATE KNOWLEDGE OF FIRST AID AND ARTIFICIAL RESPIRATION AND SHALL ENSURE THAT SUCH
PERSON IS PRESENT AT THE SWIMMING POOL DURING THE PERIOD IT IS KEPT OPEN TO THE PUBLIC.
• NO LICENSEE SHALL KEEP THE SWIMMING POOL OPEN AFTER 12 O'CLOCK MIDNFGHT OR OPEN IT BEFORE 5 O
CLOCK IN THE MORNING EXCEPT WITH THE SPDAL PERMISSION IN WRITING OF THE COMMISSIONER.
• LICENSEE SHALL AT ALL TIMES ALLOW FREE A- TO THE SWIMMIUG POOL AND THE PREMISES APPURTMANT
THERETO TO ANY POLICE. OF6CE1 VISITING THE SAME IN THE DISCHARGE OF HIS DUTY
DAILY TASK
Visit the below website and search licenses applicable to Hotels.
https://exciseservices.mahaonline.gov.in/Home/Listofservices
ANY QUESTIONS OR DOUBTS ?
Adv. Rushikesh R Maddalwar
+91 7507008447
rushikeshmaddalwar24@gmail.com
Faculty for Hospitality Law

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HOSPITALITY LAW LECTURE 3

  • 1.
  • 3. • Currently there is no national policy on alcohol , as liquor licensing is a state subject and each state is free to enact its own liquor policy • Need for the License Places like bars and restaurants that allow the consumers to consume the beverage on its premises are required to obtain a liquor license. On the other hand, obtain an off-licence to sell liquor in liquor stores. • Types of Licenses Liquor licenses are broadly classified into two types. 1. Wholesale Liquor License 2. Retail Liquor License
  • 4. • Retail Liquor License This license refers to an individual carrying a license in Form C.L.III or C.L./F.L/. Retail Liquor License is further classified into:  Permit Room License  Club License  Beer Shoppe License  Mild Liquor and Wine Bar License  Wine bar License  Wine Shoppe License • Issue of License The Government has implemented certain sections concerning the grant of the liquor license to the concerned licensee subject to compliance with these requirements.
  • 5. • Any restaurant or establishment that wishes to serve liquor in India requires an appropriate liquor license. Operating a bar without this license can lead to huge penalties, shutdowns and legal repercussions. To apply for the same, business owners must contact their local excise commissioner. • Documents Required for Liquor License  Company registration or incorporation certificate  Proof of address of the business premises  Completion certificate of the restaurant or bar  Trade license  Eating house license registration from the District Commissioner of Police  New GST registration  NOC from the state fire department  Affidavit ensuring the applicant has no outstanding dues or criminal history
  • 6. • Section 35 of Bombay Prohibition Act : Hotel Licenses The applicant can obtain a Hotel license if all the requirements are per the Government norms or through a written order that officially permits the managers of a hotel to sell foreign liquor. The Government, before granting the license, ensures that there are adequate staff members in the hotel to hold the permits. The applicant can opt for hotel licenses under the following contingencies.  Liquor is sold to every permit holders living or boarding the hotel.  Consumption of liquor sales is not allowed in any hotel room to which the public has access.  The holders of hotel license are obligated to remit the expenses of any of the officers of the excise institution (if any) for the grant and control of permits on the premises or the supervision of the issue and consumption of foreign liquor within its confines.
  • 7. General process involved in obtaining a liquor licence in India.  First and foremost, visit the state excise department’s official website to get an idea of the process. You can also visit their physical office to gain some insight into what is expected  Once you have an idea regarding the process involved, decide on what type of licence you need  Next, collect the required documents to start the application process.  Download the application form for your desired type of licence from the state excise department’s website  Duly fill the form with the required details and attach supporting documents wherever necessary  Some of the details you will need to mention include details regarding your place of business, personal information, and mention the types of liquor you wish to sell  Submit the filled out form to the concerned authority and pay the applicable application fee • The authority will then verify all the details provided. They may also visit your business premises to check whether everything is in order. In case they find that something is amiss, they may ask for additional supporting documents, which you must provide  Once the verification process is complete, they will post a notice regarding your request for a liquor licence on your business premises. This is to notify the locals about your new business. If they wish to raise objections, they may do so within a specified period, and you will then have to justify why your business will not be a hindrance to them  If no one raises any successful objection, the authority will grant you a liquor licence, and you may begin operations.
  • 9. Periodicity of Licences – Subject to the fulfillment of other requirements a Licences shall be granted, renewed or continued by the Licensing Authority, either for a period of one year or five years as per the request of the applicant Licensee in that behalf: Fee for grant, renewal or continuance: — (a) Fee for grant, renewal or continuance of a licence for one year shall be as notified by the Commissioner at least sixty days in advance of the financial year; (b) (b) Fee for grant or renewal of a licence for five years shall be equal to four and a half times the fees chargeable for the grant or renewal or continuance, as the case may be, of that licence, for one year • No licence shall be granted (a) in respect of permises of any hotel, restaurant or centeen. 3 (i) which is situated within a distance of seventy five meters from any educational or religious institution or from any bus stand, station, depot of the Maharashtra State Road Transport Corporation or from the boundary of any National or State Higway :
  • 10. Procedure for renewal of licence for subsequent period.–– (1) Where any licencee desires to continue to sell liquor after the date of expiry of his licence shall make an application in Form “E-1” accompanied by chalan evidencing a payment of fee of twenty five rupees at least thirty days before such date. (2) Any licence granted may be renewed by the Collector for a period not exceeding one year at a time on recovery of fee prescribed. Penalty • Section 82 of Bombay Prohibition Act : Breach of licence, permit, etc. to be an offence • Cancellation and suspension of licenses. • Imprisonment for a term which may extend to six months or with fine which may extend to [five thousand rupees] or with both,
  • 11. RESTAURANT AND VARIOUS TYPES OF OUTLETS
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  • 17. SWIMMING POOL LICENSE Procedure Apply In-Person:  The owner or the occupier of the swimming pool shall approach the respective office of the commissioner of police as appropriate to register for the grant of permission to operate the swimming pool.  Please complete the application form with the mandatory details. Attach the document as per the “Required Documents” section of this page and submit in 4 sets to the designated receiving authority as advised.  The application will be processed further. The department will make necessary inquiry to ascertain the pool requirements for safety, security and hygiene.  The application may be forwarded to the respective committee (comprising local bodies, fire and rescue services, health department and sports development authority) for its consideration to issue ‘No Objection Certificate’. The committee will evaluate the application as per norms to sanction a “NOC”.
  • 18.  Once the above steps are completed successfully, the issuing authority will complete the formalities to grant the permission to operate the swimming pool in prescribed form as appropriate.  The licence will be delivered to the office address mentioned on the application through post or hand- delivered as notified, or it will be delivered as per applicable norms.
  • 19. Required Documents Application form Covering letter Applicant’s proof of address (ration card / bank pass book / telephone bill / aadhaar card) Applicant’s proof of identity (voter id / passport / aadhaar card / driving licence) Copy of the concurrence obtained from the competent authority Copy of approved plan Key plan or site plan Copy of order granting permission for construction of the swimming pool Copy of the clearance certificate of the Public Works Department Completion report of the swimming pool Copy of proof of ownership of the land/ lease agreement Postcard size photograph of the swimming pool in different angles Passport size photograph (4 numbers) Latest water test report from authorized laboratory Notary public notarized affidavit in a non-judicial stamp paper worth Rs.100 (or as per the advised value) Certificate of incorporation of proprietorship/partnership/limited/private Ltd., /company (in case of applicant is a firm) Self-addressed envelope cover with stamp (value as advised) affixed ”GST” registration certificate in the name of the proprietor/company/firm/individual ”PAN” of the proprietor/company/firm/individual Aadhaar card
  • 20. • KEY PONTS • LICENSEE TO MAINTAIN SEPARATE BATHROOMS AND DRESSING ROOMS FOR MALE AND FEMALE.LICENSEE SHALL PROVIDE SHOWERS IN BATHROOM. • THE LICENSEE SHALL KEEP THE WATER IN THE POOL CLEAN AND CHANGE IT AT LEAST ONCE A MONTH AND ALSO AT SHORTER INTERVALS IF THE COMMISSIONER SO DIRECTS. • LICENSEE IS GRANTED FOR PERIOD OF ONE YEAR. RENEWAL OF LICENSE ALLOWED AND APPLICATION FOR RENEWAL TO BE MADE BEFORE 30 DAYS OF EXPIRY OF LICENSE PERIOD. • THE LICENSEE SHALL KEEP AND MAINTAIN ON THE PREMISES OF THE POOL A FIRST AID BOX CONTAINING SUCH MATERIAL AS THE COMNIISSIONER MAY DIRECT. THE LICENSEE SHALL EMPLOY AN INSTRUCTOR WHO HAS ADEQUATE KNOWLEDGE OF FIRST AID AND ARTIFICIAL RESPIRATION AND SHALL ENSURE THAT SUCH PERSON IS PRESENT AT THE SWIMMING POOL DURING THE PERIOD IT IS KEPT OPEN TO THE PUBLIC. • NO LICENSEE SHALL KEEP THE SWIMMING POOL OPEN AFTER 12 O'CLOCK MIDNFGHT OR OPEN IT BEFORE 5 O CLOCK IN THE MORNING EXCEPT WITH THE SPDAL PERMISSION IN WRITING OF THE COMMISSIONER. • LICENSEE SHALL AT ALL TIMES ALLOW FREE A- TO THE SWIMMIUG POOL AND THE PREMISES APPURTMANT THERETO TO ANY POLICE. OF6CE1 VISITING THE SAME IN THE DISCHARGE OF HIS DUTY
  • 21. DAILY TASK Visit the below website and search licenses applicable to Hotels. https://exciseservices.mahaonline.gov.in/Home/Listofservices
  • 22. ANY QUESTIONS OR DOUBTS ?
  • 23. Adv. Rushikesh R Maddalwar +91 7507008447 rushikeshmaddalwar24@gmail.com Faculty for Hospitality Law