Restaurants can run hookah centres only after obtaining municipality licence, police permit: Telangana High Court

The Telangana High Court recently held that the licence granted to run a hotel or restaurant does not confer any right on them to also establish a place for smoking or run hookah centres. [Waheed Uddin Ahmed Ansari V. Prl Secy Home Dept And 2 Ors].The Court ordered that restaurants or eateries be allowed to run Hookah Centres only after they obtain requisite licence from the local municipality and also the necessary permission from the Police.Justice CV Bhaskar Reddy also noted that the Hookah Centres under law are prohibited from serving any tobacco to minors. The Court also said that pictorial health-warning labels must be displayed at the entrance. The Police would be at liberty to supervise and inspect the Hookah Centres for any violation of rules and regulations, it added.It further made it clear that action can also be taken by the Police for violation of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade Commerce Supply and Distribution) Act. “Subject to fulfilling the above conditions and also the provisions of COTP Act, the respondents-police are directed not to interfere with the business activity of the petitioners for running Hookah Centres,” Justice Reddy said..The Court passed the order while rejecting the argument that the licence obtained to run the hotel or restaurant allows such places to run hookah centres also.It was dealing with a batch of petitions alleging that Police were harassing the restaurant owners and foisting “false cases” despite compliance of the COTP Act.After examining the provisions of the Act, the Court found that a restaurant with seating capacity of 30 persons or more is required to provide a separate smoking zone. It further noted that Section 12 of the Act confers the Police or any officer authorized by the Central Government or State Government to search the premises at any reasonable time on suspicion of violation of the Act. Thus, the Court concluded there was no illegality in police officers entering into the restaurants to check them for any violation of the Act or rules..It also opined that restrictions imposed by law for supply and serving of tobacco products including serving hookah cannot be said to be violative of Article 19(1)(g) (right to practise any business) of the Constitution. Dealing with the specific case of the petitioners, the Court said the hotels and restaurants are prohibited from allowing smoking of any tobacco product since they are public places.A separate area can however be made to allow smoking, it added.However, after looking into the provisions of the Hyderabad City Police Act, the Court said permission from the concerned authority would be required to establish the hookah centres.“The petitioners shall follow rules and regulations issued by the Commissioner of Police from time to time for preservation of the public order,” it added.Since charcoal is used to serve hookah, the Court said the restaurants would also be required to obtain a licence from the Municipal Corporation.In conclusion, the Court said the Hookah Centres can be allowed subject to the conditions and provisions of COTP Act. The Court also said if police act in a highhanded manner, the owners can bring the same to the notice of the Director General of Police or Commissioner of Police for necessary action.[Read Judgment]