New Delhi: The Supreme Court on Tuesday said it will consider in July the applications of Tamil Nadu Bars & Club Owners Association and several others seeking modification of the ban order on liquor within 500 metres of State and national highways and said for the present the ban will continue.
A three-judge Bench of Chief Justice J.S. Khehar and Justices D.Y. Chandrachud and L. Nageswara Rao deferred further hearing on the applications as the proceedings remain inconclusive with several States and associations seeking modification of the order.
The Associaiton through its counsel V. Balaji souht modification of the March 31 order stating that they stood in a different class as they mainly represent the Clubs in existence for decades, where liquor is served as part of the Club activity only to its privileged members. These 150 odd Clubs do not contribute to the menace of easy availability of Liquor to the General Public, it said and prayed for a direction that the order will not apply to them.
Appearing for the Association, senior counsel Arvind P. Datar submitted that several private clubs served liquor only for their members and there was no sale of liquor to outsiders. Further they should consumer liquor within the club premises or in their rooms.
He said licences for most of the clubs will expire in August and wanted the court to reconsider. He also said that in Mount Road alone there are at least eight major hotels which are finding it difficult to serve liquor to the guests and the tourism industry is largely affected because of the order.
CJI told the counsel in lighter vein “Why so many counsels are appearing for liquor in Chennai. I though you people in Chennai have a taboo for liquor. You can shift or have the entrance from other side.” But Mr. Datar said many hotels did not have that much space to shift.
The States of Kerala, Arunachal Pradesh also sought some clarification on the order. Many federation of associations of hotels and restaurants pleaded for relaxation but the court deferred hearing till July.
On March 31, the Bench had said that since the object of the earlier order was to prevent drunken driving any relaxation and exemption to hotels and restaurants will defeat the object.
The Bench permitted the licencees who were awarded licence before December 15, 2016 to continue beyond March 31 and upto September 30, 2017 and said no further extension can be granted but they will have to be shifted beyond 500 metres. The Bench, however took note of the contentions that in municiapl areas and towns 500 metres beyond State highways will be difficult to be implemented, and said in such areas no liquor shop can be located within 220 metres of the highways passing through these areas.
