• Hookah

I m planning to start a hookah business i have neighbors on the either side of my property but the road we are planning on is a Comercial road is it advisable say tomorrow we have a Complaint from the neighbors regarding sound pollution can the close down the place? Is it advisable to do on such property?is hookah business legal in the city?
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

Hello,

So Following are the Legal Checklist or Conditions which is required to starting a Hookah Bar (might vary a little for your state)

Legal Entity Setup like Sole Proprietorship Firm/Partnership Firm/Limited Liability Partnership Firm/Private Limited Company

Getting Shop act License and other License from the Local Municipal party or Authorities. In Bangalore the High Court declared that restaurants that already had a trade licence from the local authorities (BBMP) did not need a separate permit to serve hookahs in their smoking zone.

NOC from the the neighbors of that place.

No school hospital or a place of worship should be in the area of particular meters

hookah cannot be served to persons below the age of 18.

Age and Selling Timings restrictions

Majority of your space should be used for the restaurant. You cannot have shisha lounge alone. A restaurant is a must

CCTV’s that are able to store footage upto 3 months.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You need licence under shops and establishments act of your state

2) obtain NOC from the the neighbors of that place.

3) No school hospital or a place of worship should be in the area of 100 meters

4) hookah cannot be served to persons below the age of 18.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. Well, all such business can be started after getting due license from the local authority which included Municipality, Excise department,police department. etc.

2.SO if you have obtained all the necessary licenses then it can not certainly be closed down.

4.Before Closing down you will be given an opportunity to correct shortfall if any.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Recently the Karnataka High Court has held that there is no need for a separate permission for operating a hookah bar within a separate enclosure, other than a valid trade licence issued by BBMP.

No separate trade licence is required under the Municipal Corporations Act for operating a hookah bar, provided that your establishment adhere to the provisions of COTPA, 2003 and you obtain a valid trade licence from BBMP.

Some of the conditions required to be adhered by you are as follows:-

a. No school hospital or a place of worship should be in the area of particular meters.

b. Hookah cannot be served to persons below the age of 18. Age and Selling Timings restrictions

c. Majority of your space should be used for the restaurant. You cannot have shisha lounge alone. A restaurant is a must.

d. CCTV’s that are able to store footage upto 3 months.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Sir,

Get the NOC from the neighbors.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hookah joints have been facing multiple legal issues since they were launched in India. Many state governments clamped down on hookah bars and forced their closure. The Supreme Court on December 8, 2014 finally set aside orders by civic bodies of several states prohibiting smoking or sale of tobacco in restaurants and hotels.

For setting up a hookah parlor apart from legal entity i.e., firm either proprietor or partnership or Limited Liability Partnership Firm/Private Limited Company etc and licence, it is important to get permission regarding the smoking zone.

Getting Shop act License and other License from the Local Municipal party or Authorities. For Ex- In Bangalore the High Court declared that restaurants that already had a trade licence from the local authorities (BBMP) did not need a separate permit to serve hookahs in their smoking zone.

It is important to get NOC from the the neighbors of that place.

No school hospital or a place of worship should be in the area of particular meters.

As a rule hookah cannot be served to persons below the age of 18.

There should be Age and Selling Timings restrictions clearly displayed.

Many other formalities may be required to be complied with to run the parlor legally.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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