Delhi High Court seeks government response in plea to allow bars to serve liquor till 3 AM sans interference

The Delhi High Court on Tuesday sought the response of the Delhi government in a plea objecting to government officials interfering with the functioning of restaurants and bars serving liquor till 3 AM as per the new Excise Policy of 2021-22 [National Restaurant Association of India & Anr v. Commissioner of Police & Anr]..During the course of the hearing, Justice Yashwant Varma was informed by the petitioner's counsel that according to the Delhi government's Excise Policy 2021-22, the bars are allowed to be open till 3 AM, whereas restaurants are only allowed to operate till 1 AM. "So if a person gets hungry at the bar, where will he eat then?", the judge remarked in a lighter vein.The Court directed counsel for the Delhi government to take instructions and come back on June 2..Appearing on behalf of the National Restaurant Association of India, Senior Advocate Vinay Kumar Garg submitted that the new Excise Policy does not apply to restaurants, which may also serve alcohol, without having a standalone bar.It was also submitted that the petitioners are willing to submit an undertaking not to serve any food items after 1 AM, provided restaurants and clubs are permitted to serve alcohol upto 3 AM..The case of the petitioners' was that the new Excise Policy permitted all hotels, restaurants and clubs in Delhi to serve liquor till 3 AM, in order to aid the smooth functioning, business and operations of bars and bring them at par with neighbouring cities, thereby increasing overall excise revenues. However, despite fulfilling all the requirements of the Policy and paying exorbitant fees to the Delhi Excise Department, establishments were not allowed to open and operate their outlets. "Covid restrictions were further eased in 2022 by the Delhi Government, and all the Hotel, Restaurants and clubs opened their respective outlets in accordance with the guidelines of Delhi Government and as per the Delhi Excise Policy 2021-2022, which were held by this Hon'ble Court to continue after 31st March 2022. However, the Delhi Police and its officials while exceeding their powers arbitrarily and unilaterally started creating obstacles in the running/operation of restaurants and bars till 3 am," the plea stated.The plea also contended that instead of performing their duties, the Delhi Police has been harassing the petitioners and obstructing their bona fide actions, survival and livelihood.Thus, the petition sought a general direction to allow all hotels, restaurants and clubs to operate as per the law and without interference or nuisance..Senior Advocate Vinay Kumar Garg along with advocate P.S. Singal represented the National Restaurant Association of India.