State can't deny beer parlour licence, says Kerala High Court

Kochi: The Kerala High Court has held that the government cannot deny beer and wine parlour licence stating it is against the policy as rules permit the applications for licence. The court passed the order when a petition filed by Mathew Thomas, director of Hotel Olive Nest Pvt Ltd near Infopark at Kakkanad in Kochi,  came up for hearing.   The court quashed the government order rejecting beer licence and asked the state to consider the application afresh in accordance with the rules.  

He submitted that for opening a beer parlour at the four-star hotel, an application was submitted on April 1.   On September 26, the government rejected the application for beer and wine parlour licence (FL-11) stating that granting such a licence was against the abkari policy of the government that came into effect on August 22, 2014. He then moved the court challenging the refusal by the state.  

The court observed that  an identical case was considered by the court and it was held on November 7 that denial of FL-11 licence on the basis of the abkari policy was illegal.  “When the statutory rules confer right on the petitioner to apply for and obtain licence in form FL-11, the same cannot be denied based on the policy of the government, for the policy cannot prevail over the statutory rules” the court held.

The rules (Foreign Liquor Rules) were amended on August 27, 2014 following the revision of the abkari policy but the amended rules only curtailed granting of bar licences (FL-3).   “The notification amending the rules pursuant to the policy indicates beyond doubt that the said policy has nothing to do with the beer and wine parlour licences. The policy referred to above was intended only to limit licence in form FL-3 (bar) to hotels which have obtained five star and five star deluxe classifications from the Ministry of Tourism, Government of India,” the court held.