Chennai: The Madras High Court directed the state government to issue circular to the concerned authorities making it mandatory for clubs and other public buildings to produce the licence from the competent authority under the Tamil Nadu Public Buildings (Licensing) Act for the grant or renewal of a licence, including a licence for the retail vending of liquor.
A division bench comprising Justices K.K. Sasidharan and G. R. Swaminathan gave the directive while disposing of a batch of petitions from the local people, complaining about the large-scale liquor sale day and night by the clubs, which have grown out of proportion in Madurai and nearby districts and the nuisance caused to women and children and the neighbouring hospitals, educational institutions and places of worship.
Pointing out that since the clubs have not produced the building plan, stability certificate and the licence issued by the competent authority, which was a statutory requirement for operating a club and the file relating to the licences does not contain any materials produced by the licensing authority or the clubs for ensuring compliance of statutory provisions including TN Liquor (License and Permit) Rules, the bench quashed the retail liquor licence issued to 8 clubs in Madurai and Kanyakumari districts.
The bench said there were enough materials on record to arrive at a finding that the clubs were actually running liquor bars.
The licensing authority never cared to visit the clubs before granting or renewing the licence to study the ground reality. The licensing authority was obliged to ensure that the conditions incorporated in the Rules were complied with before granting a liquor licence to the clubs.
The clubs must satisfy the building regulations in force. Since the club was open to the members, the building housing the club and its liquor outlets must be approved by the authorities.
The building must have stability certificate. It must have the firefighting equipment and licence from the fire force and clearance from the police. The club must have sufficient parking place.
