Goa Excise Commissioner refuses to suspend license of Silly Souls Cafe

The Commissioner of Excise in Panaji, Goa today refused to suspend or cancel liquor license issued to the owner of Silly Souls Cafe and Bar, in which the kin of Union Minister Smriti Irani is alleged to be holding a stake [Adv Aires Rodrigues v. Anthony D'Gama & Anr.]..The cafe was allegedly being run by Eightall Food and Beverages Limited Liability Partnership which had entered into a lease agreement with the owners, the D’Gama family.Irani’s kin had allegedly invested in the LLP.The Commissioner Narayan M Gad observed that excise on liquor is one of the major revenues of the State and cancelling the license would hamper the revenue of the State.“If a liquor licenses is either suspended or cancelled on petty issues, it not only hampers the business but also affects the revenue of the State. …A running business cannot be allowed to be closed all of a sudden,” the 19-page order stated..The complainant, a Goa based advocate Aires Rodrigues, had requested the Commissioner to immediately suspend the license and order an inquiry on the grounds that the license was obtained through fraudulent and fabricated documents.He pointed out that the license had been renewed in the month of June 2022, even though the license holder had passed away in May 2021.Based on the complaint, a show cause notice had been issued to the respondents, Merlyn D’Gama, wife of the licensee Anthony D’Gama and his lawful attorney, Dean D’Gama.After a detailed hearing, the Commissioner observed that the application for license had been made in January 2021 which included a no-objection certificate for bar and restaurant issued by the village panchayat.The NOC had been issued much before the licensee had made an application for liquor licence.The Commissioner concluded that the applicant had submitted the required documents with his application based on which the excise license had been issued.Rodrigues further pointed out that the three applications had been signed on behalf of late Anthony D’Gama.Since senior D’Gama had expired, the power of attorney expired and hence the second renewal application becomes illegal.The Commissioner noted that the power of attorney had not been produced before the excise officials..However, this procedural lapse did not warrant cancellation of excise license, the Commissioner concluded.“If a liquor license holder dies, should the business come to an end? The survivors/ legal heirs of such deceased license holders should be provided with necessary assistance and support, both legal and moral, to continue with business. Within the framework of law, it can be ensured that the livelihood of the licensees or their survivors is not affected,” the Commissioner emphasized..The Commissioner also permitted transfer of license in the name of Merlyn D’Gama in principle till she is declared as head of family by the civil court in pending proceedings and till she produces her complete police antecedent report.