AI image
The govt had permitted classified five-star hotels holding FL-3 licences to operate their bars until 3am, according to the petitioner. During the hearing, the Additional AG appearing for the state govt submitted that 34 bars in Kochi city had conducted DJ parties. the court held that the petitioner’s hotel was entitled to operate for an additional three hours beyond the otherwise permissible closing time during the financial year 2026-27, except on the eve of a statutory dry day While setting aside the police notices. The court made it clear that DJ parties are not per se prohibited and that the licensee is entitled to conduct them within the operating hours permitted under the FL-3 licence, subject to reasonable noise regulations and specific police action on legally justifiable grounds, rather than blanket restrictions based merely on apprehensions of drug use.
“Burn not your house to fright away the mice,” the court added. Kochi: The high court has set aside police notices restricting late-night DJ parties at a classified five-star hotel in Ernakulam, holding that the police cannot curtail the operating hours permitted to a licensed bar hotel merely on the apprehension of drug use. Justice Murali Purushothaman issued the order on a petition by the hotel in Kadavanthra, Ernakulam, challenging the police notices, and ruled that the restrictions were without jurisdiction and violated the licensee’s fundamental rights. However, Kochi city police had issued notices restricting DJ parties at the hotel beyond 11pm, which the petitioner contended was illegal. The police opposed the petition, contending that unregulated late-night gatherings could have serious consequences for public safety, as they were often associated with offences such as narcotic drug trafficking , assault and rioting. Though the owners or operators of the bars were not involved in drug trafficking, drugs were being sold and consumed by participants at such events, he submitted. The court further held that until the state govt framed appropriate rules prescribing exceptions to the extended operating hours permitted under the Foreign Liquor Rules, the police could not curtail or restrict the hotel’s operating hours contrary to the provisions of those Rules, in the absence of special grounds justifying such restrictions. If any offence is committed by any person, it is the responsibility of the police to take stringent action against anti-social elements who indulge in illegal activities, use narcotic substances or facilitate other unlawful activities that create law and order problems. The court also clarified that if high-decibel music played at DJ parties or other entertainment events involving sound-producing instruments violates night-time restrictions, the police are empowered to issue preventive directions and prohibit, control or regulate the occurrence or continuance of noise pollution. Accordingly, the court allowed the petition.