• Liquor licence for hotel who dont sell alcohol but allow there cutomers to have self purchase liquor

I run a economy hotel in Madhya Pradesh, we dont have any liquor licence with us, we only allow customers to have outside self purchased liquor to be consumed in there rooms.
So do we require any type of liquor licence, as we only allow customers to have liquor in there rooms, we are not indulge in selling or serving any type of liquor.
Please suggest, as the local police comes and harasses management and customers for not having any licence for it.
Asked 7 years ago in Civil Law

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18 Answers

You would not need any liquor licence, if you are not selling any time of liquor.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

legally purchased liquor in hotel rooms booked in the consumer’s name cannot be deemed as unlawful.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) you don’t have liquor licence and cannot sell liquor in your hotel 

 

2) you should display hotel rules in reception area that consumption of liquor in room is prohibited 

 

3) further when you give rooms to guests obtain undertaking that no liquor would be consumed in the hotel room 

4) if guests bring liquor and consume in room 

Hotel is not to be blamed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) It's depends upon which license do you have to run the hotel. Accordingly you will get permission even though customer are bringing alcohol from outside and sitting to drink in your hotel rooms. 

 

2) Than you should have permit room licence to drink alcohol.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See for consuming liquor in hotel room there is no license required as you are not serving any liquor in open or in restaurant, room is private space and they can have the liquor there. The person who has booked the hotel can consume self purchased alcohol in the room. 

if police comes ask for bribe or harassment ask under what law they are asking you as there is no such law prohibiting consumption of liquor in hotel room neither there is requirement of licensee.

 

 


Just keep in mind you should not stock any liquor for giving it to customers.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You are not required to know what your boarders are doing or shall do in side their individual rooms.

 

2. The place where your hotel is located should not be a prohibited place.

 

3. If the boarding of your boarders are recorded in your register and tariffs are collected, police can not bring any charge on you for your boarders taking liquor in their individual rooms which is not barred by law in your area.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Since you are not supplying the liquor there is no need to take such license.

2. The occupants though can carry the bottle with them and consume them in room which does not violate any rule.

3 However do check that they do not sell liquor to other occupants of the hotel.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If you allow them to consume liquor in your hotel it amounts to offence. They too require to have licence to possess and consume liquor. You too require the same otherwise can't allow them to consume

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hello,

No license is required for consuming alcohol inside the room, the customer can bring and consume alcohol inside the room. You may refer to the following article: 

 

https://www.thehindu.com/news/cities/Thiruvananthapuram/drinking-in-hotel-rooms-not-illegal-says-excise-minister-k-babu/article6400846.ece

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The police cannot harass you to stop customers from drinking in their respective rooms as you do not encourage this practice. Most of the times the customers don't even tell the hotel owner that they have brought alcohol. Therefore the police cannot tell you to search the customers.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

https://www.thehindu.com/news/cities/Thiruvananthapuram/drinking-in-hotel-rooms-not-illegal-says-excise-minister-k-babu/article6400846.ece

See it is not illegal so no circular as to effect has been there I found out this article which can support my answer.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you have taken adequate safeguards you would not be held responsible 

 

you must take take adequate precautions restraining room guests from consuming liquor 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As I have explained the person consuming the same should also have a valid liquor licence in case the hotel doesn't have the same. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Please go through Sec.41 of the Liquor Act you will find the names of different liquor license so if the liquor is consumed in your premises either this has been served by you or not , you will have to be equipped yourself with appropriate liquor license, so to avoid police personnel please obtain a license suites to you and get rid of your problem, obtaining license is very easy.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Drinking legally purchased liquor in hotel rooms booked in the consumer’s name cannot be deemed as unlawful.

However it is not legal to consume liquor in the restaurants which do not hav permit for bar or liquor vending.

in Delhi the government imposed fine on consuming liquor in public and people, who consume alcohol, do so breaking rules and pay fines. In spite of not consuming alcohol, they break laws to consume alcohol.

thus it would be better that you obtain licence or permit to allow customers to consume liquor within the premises.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

For having a valid proof of a court judgment , you can take the help of a local advocate who will guide you properly as per local rules and laws pertaining to this subject matter.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

This is covered under right to privacy 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Court judgements are not passed  the way you specified.

 

2. The law states what is not permitted and illegal which you should not commit.

 

3. Law never said that drinking in closed room of a hotel in MP is illegal.

 

4. Moreover, you have no authority to spy over the activities of your boarder in his room when he has closed the doors.

 

5. However, the booking of the room should not be on hourly basis which will draw the suspicion of the Court against the hotel authorities for abetting the offence of drinking in public place and/or indulging in illegal activities.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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