Wine store loses battle after 30 years of surviving near hospitals in Bengaluru

Wine merchant approaches HC claiming his licence was renewed every year.

Update: 2016-06-27 01:16 GMT
Karnataka High Court

Bengaluru: A liquor store, which had managed to remain open for 30 years despite being located well within 100 meters of not one but three hospitals in the city, has finally had to call it a day thanks to an order of the high court.

After letting the shop get away for decades with selling liquor in the vicinity of the health facilities,  the excise department finally woke up recently and ordered it to move to another location. But refusing to comply, the wine merchant approached the high court instead, challenging the order on the grounds that  his licence had been renewed every year.  

In its response, the department pointed out there were  hospitals like the Government Referral Hospital (Maternity Hospital), the Bangalore City Corporation Hospital and the Bangalore West Lions Super Specialty Eye Hospital near the liquor store on Mavalli Tank Bund Road in Kalasipalya. 

It also noted that the Karnataka Excise Licences (General Conditions) Rules, 1967, prohibited liquor shops within 100 meters of a religious or educational institution, a hospital or any government office.

Although the Bangalore West Lions Super Specialty Eye Hospital had also  complained against the liquor store nearby, saying it was a security threat to its patients and doctors, the wine merchant claimed it could not be technically called a hospital as it had only 16 beds as against the minimum of 30 to be classified as such and argued the “relaxation” he had been given as a result was justified.

But calling the grievance of the hospital "very serious,"  the court found fault with the authorities for relaxing the rules on such technical grounds and turning a Nelson’s eye to the existence of the wine store so close to it. Dismissing the merchant’s appeal, the court in its order also pointed out that there were two other hospitals as well near his store, making its location untenable under law.

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