Kochi: The Kerala High Court on Friday held that liquor licence (FL-6 licence) is not needed for serving liquor at private functions in a house. The court said that a private function in a house does not fall within the ambit of Rule 13 (6) of the Foreign Liquor Rules, 1953. “But even to those private family functions, the other regulations, including quantity of liquor and the identity of place will apply,” the division bench observed. A man’s home is his castle, the court said and stressed the importance of hospitality by quoting ‘Atithi Devo Bhava’ (‘Be one for whom the guest is God’— a Sanskrit verse). The court observed that if it accepts the government’s stand, the consequence will be that a person has to obtain FL-6 licence by paying Rs 50,000 even if he is serving only a glass of wine costing Rs 100 at his home.
The state took the stand that the people will sell liquor in their houses in the name of serving it to friends, relatives and invitees. “This will make each and every house a bar in the state,” said the government. The court refuted the allegation and observed that it was an unpalatable allegation. “There will be no sale in a family function. Nor does the host serving liquor to the guests amount to a gift and, by legal fiction, a sale. If the court upholds the government’s decision, there may have been any number of occasions where people or establishment needs a licence for a limited period," it said.
The court was considering a petition filed by Alex V. Chacko, Peroor, seeking permission to serve liquor in the dinner arranged on the baptism ceremony of his grandson as part of the age-old custom followed in his community. The court allowed the plea seeking to declare that the petitioner is not liable to take FL-6 special licence under Rule 13 (6) of the FL rules for serving liquor in his house. The state government submitted that the petitioner is bound to possess FL-6 licence for serving liquor to his guests. Baptism is a public function where his relatives, friends, neighbours, who are the part of general public, are invited to participate in the dinner.
The fee for obtaining the licence is Rs 50,000. With this licence, a person can possess three litres of Indian-made foreign liquor and it was allowed only for his own consumption and not for serving, sharing or for giving as gift. For serving and selling liquor anywhere to anybody require licence. If the petition was allowed, there will be widespread misuse of liquor by the people and it will result in ‘disorder’ and ‘anarchism,’ the state said. The court said that the government had already imposed strict limitations on the quantity a person can possess and it had also defined what is public place. If any person violates either of these norms in the name of serving his guests in his house, the government can act according to the law, the court said.
