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Comparison of Liquor Licence in

Kerala and Tamilnadu

SUBMITTED TO NCHMCTCENTRE: IHM GWALIOR

SUBMITTED BY:-

CONTENTS

CHAPTER PARTICULARS

GUIDE’ S NOTE

CERTIFICATE

ACKNOWLEDGEMENT

CHAPTER I

INTRODUCTION

OBJECTIVES

RESEARCH METHODOLOGY

LIMITATION

CHAPTER II

THEOROTICAL FRAMEWORK

CHAPTER III

DATA ANALYSIS

CHAPTER IV

STUDY

CONCLUSION

SUGGESTION

BIBLIOGRAPHY

QUESTIONER

CERTIFICATE

This is to Certify that _________________Student of BHM

Final Year Batch has Completed his project work on

____________________________ during the year 2010-

2011.

GUIDE NOTE

I am Pleased to Mention that _______________ Student of

JPIHM, Meerut , has successfully Completed his project

work on ___________________________ under my

supervision during the year 2007-2008.

Project Coordinator

ACKNOWLEDGEMENT

The study was conducted by the assistant of several

individuals. I really appreciate their help and hereby thank

them. I would like to give special thanks to the following

people:

Firstly, I would like to thank _____________________ who had

supervised the study and was in charge of the entire

project. His presence and assistant was remarkable and

so I am grateful to him.

Secondly, I would like to thank the hotel officials who were

interviewed. They took out time from their busy schedules

to help me proceed with my study. Their assistance was

very significant and so I am grateful to them as well.

Thirdly, I would like to thank all other people who provided

me with the resources to conduct my study. Their help

and assistance was very valuable and so I would like to

acknowledge them as well.

Overall all the above mentioned people had a great role in

my study. Their direct and indirect help indeed proved to

be help.

Thank you

CHAPTER I

INTRODUCTION

OBJECTIVES

RESEARCH METHODOLOGY

LIMITATION

INTRODUCTION

Liquor is a liquid intoxicant, deriving its intoxicating potency

from the ethyl alcohol in it. Liquor can be divided into three

broad categories, namely Indian Made Foreign Liquor (IMFL),

Beer and Country Liquor. Hard liquors broadly have an

alcohol content of and above 20% and denote Whisky, Rum,

Brandy, the white spirits like Gin and Vodka and also include

Country Liquor. Soft liquors have a range of 4-20% of alcohol

and include Beer, Cidar, Wines and Liqueurs.

Liquor making starts with the process of fermentation,

followed by brewing or distillation, latter in case of hard

liquors. Raw material for fermentation usually differs from

liquor to liquor and is corn or malt in case of Whisky,

molasses in case of Rum and Country liquor, grapes in case

of Brandies and Wines, any starchy substance for Gin and

Vodka and barley for Beer. The raw material can differ also

depending upon the availability or abundance in that area.

Eventually it is the flavour that marks the liquor for its

variety as well as quality.

In Indian markets most prominent segment of liquor

consumed by the middle classes, is the Indian Made Foreign

Liquor, which covers most liquor, barring beer and country

liquor, and is available in glass or sometimes plastic bottles.

Beer is also available in glasses filled through dedicated taps

dispensing what is known as draught beer. Most Indian beer

is Lager that is it can be stored for some time. and all of

them use a herb, known as hops, for flavouring. Liquors from

which sugar content has been chemically reduced are

termed as "dry". Country Liquor is generally in the range of

25% of alcohol and also available in glass bottles only. Wines

in India are available in red or white variety, with pink almost

non existing. Champagne, generally a ceremonial drink, also

known as sparking wine, is generally off-white and is fizzy

because of its carbonation at the time of bottling. Liqueurs

are concentrated syrups, available in myriad flavours, and

are usually taken without dilution after major meals.

OBJECTIVE

To Study the Comparison of Liquor Licence in Kerala

and Tamilnadu.

To Study the Details of Liquor Licence.

To Study the Do’s & Don’t’s of Liquor Licence.

METHODOLOGY

The aspects which call on for designing a research plan helps

us in making decisions on the following things: a)

Date Sources

Research Instruments

Sampling Plant

Contact Methods

Data Sources:

Date were of two types:

Primary - The date was collected after interviewing the

guests who were staying in the hotel. This was done with the

help of a questionnaire and a verbal interview.

Secondary - The data was collected from Hotel Journals,

periodicals and books. Both the sources were used in

completion of this project.

LIMITATIONS

This study has been undertaken under various limitations

and this must be kept in consideration while studying the

conclusions and recommendations of the same. The

limitations involved were mainly:

Time Factor

The time devoted for the research was limited because of

continuous classes in the Institute and also because of

preparation for the job interviews along side. Also, banquet

staff of 5 star hotels did not have much time to spare.

Centre of study

The study was to focus on the banquet survey of few hotels

only. The questionnaire prepared was also suiting to the five

star hotels.

CHAPTER II

THEOROTICAL FRAMEWORK

INDIAN LIQUOR

The liquor consumption in small doses in cold places may be

necessary to warm up the body provided quality of liquor is

taken care of. But for most of the regions of India and other

tropical countries, its effects are surely damaging to the

mental faculties. In the beginning, the ill-effect is temporary

but with repeated consumptions, it takers deep roots

blocking thinking faculty of the consumer, wherein he/she

starts demanding more and more of the liquor and gets

mentally drowned in its evil effects. 

Indian society, in general, lacks discipline in the name of

enjoying freedom and this adds to unruly behavior of the

consumer sometimes unintentionally but most of the times

intentionally to display courage and wildness of the

character. About 50 percent of male Indian adults are taking

liquors regularly and more are willing to get it but restrained

by their economic conditions. 

INTRODUCTION

orm Details of Licences

  I -- Indian Made Foreign Liquor

L-1 Wholesale licensee of Indian Made Foreign Liquor

L-2 Retail vend of Indian Made Foreign Liquor/Beer.

L-3 Service of liquor in a hotel (to the residents in their

rooms).

L-4 It is granted to independent restaurants for service of

liquor.

L-5 Service of  liquor in a bar/restaurant attached to a

hotel.

L-5A Retail vend of foreign liquor in a bar/dining car in a

luxury train.

L-6 Retail vend of Indian Made Foreign Liquor in duty free

shop.

L-6A Retail vend of foreign liquor in duty free shops off the

premises.

L-7 Retail vend of Indian Made Foreign Liquor in a military

canteen.

  II - Country Liquor

L-9 Wholesale licensee of country liquor.

L-10 Retail vend of country liquor and 50 degree under

proof rum for consumption "off" the premises. 

  III - Denatured & Special Denatured Spirit

L-11 Wholesale and/ or retails vend of denatured spirit to

public only.

L-12 Wholesale vend of denatured spirit to trade only.

L-13 Bonded warehouse licence for import and storage in

bond of denatured spirit for wholesale to trade only.

L-14 Bonded warehouse licence for import and storage of in

bond of special denatured spirit.

  IV - Rectified Spirit

L-15 Retail vend of rectified spirit to public only.

L-16 Wholesale vend of rectified spirit to trade only.

L-17 Bonded warehouse licence for import in bond and

storage of rectified spirit for wholesale to trade only.

  V – Special

L-18 Extension of hours during which sale is permitted.

L-19 Retail vend of foreign liquor at a club (bonafide or

proprietary).

L-

19A 

for service of liquor in bars/restaurants in a club whose

membership is restricted to Govt.servants only

L-20 temporary arrangements for service of liquor are

required inside the licensed premises of L-3, L-4, L-5,

L-19 and L-19 A

L-49 Permits for possessing more than the individual

possession limit approved

L- Service of liquor in a party hosted anywhere in Delhi

49A

L-52 Private owned retail liquor vends

L-53 license for retail sale of beer and mixed alcoholic

beverages in departmental stores

SOME FACTS ABOUT LIQUOR

Do's & Don't As a part of its policy to provide safe and

quality liquor to the consumers in Delhi, the Excise

Department has formulated the following do's & don't which

they follow very strictly in regulating and controlling the sale

of liquor in the NCT of Delhi.

Licence cannot be granted to a person who is not

assessed to income tax.

No licensee shall employ any person suffering from an

infectious or contagious disease.

The business premises of a licensee shall be kept

closed on  dry days applicable on him.

The hours for the sale of liquor shall be such as may be

specified in an order by the Excise Commissioner.

The licensee shall prominently display in front of his

shop a signboard showing the retail price of each

brand of liquor to be charged by him.

Always buy liquor from authorized liquor shop.

The consumers while buying liquor from authorized

liquor shop must ensure that the bottle is marked “for

sale in Delhi only.”

The liquor from army canteen is meant only for army

personnel and not for general public

No individual should possess liquor at one time more

than the prescribed limit without special permit.

Always check seal of the bottle and insist on cash

memo while buying liquor from the shop.

Do not pay more than MRP printed on the bottle.

If one is traveling to Delhi from outside state, one

should not possess more than one unsealed liquor

bottle of 750 ml.

Do not service liquor at unlicensed premises.

Do not buy liquor from illegal sources.

Do not buy if you are below 25 years of age.

No person is eligible for grant of license if he has been

declared insolvent by any court of Delhi or who is

declared insane or who is below 25 years of age or is

convict declared by any court for any non-bailable

offence.

No person shall permit or publish in any

newspaper/book/leaflet matter soliciting the use of or

offering any liquor.

No person shall have in his possession any quantity of

any intoxicant, knowing the same to have been

unlawfully imported, transported, manufactured,

cultivated /collected or knowing prescribed duty not to

have been paid thereon.  

No person should be employed at any licensed

premises either with or without remuneration any

male under the age of 25 years or any female in part

of such premises in which liquor or intoxicating drug is

consumed by the public.

Consumption and service of liquor at public places is

completely banned.

Consumption of liquor is injurious to health.

Liquor Licence in Kerala

Following protests from anti-liquor campaign

activists, Kerala Excise Minister K. Babu made

modifications in the liquor policy that now

empowers local bodies to give sanction for new

bars, liquor outlets and toddy shops. Speaking to

reporters on Thursday, Babu said the

government order to this effect has now come

out.

"Soon after we announced the liquor policy a

few months back, it had evoked strong protests

from a section of political leaders and also

Christian bishops. Taking that into consideration,

we decided to empower the local bodies in the

state to decide if a new licence is to be given,"

said Babu.

Incidentally it was CPM leader, and then Finance

Minister, K. Sivadasa Menon under the chief

ministership of E.K. Nayanar (1996-2001) who

revoked the rule empowering the local bodies

and brought it under the Excise department

which gave new licences for bars, liquor retail

outlets and toddy shops.

"The cabinet will now decide if an ordinance to

this effect be promulgated or wait till the next

session of the assembly for this to become a

law. If it is an ordinance it would take only a few

days," said a top government official on

condition of anonymity to IANS.

Kerala today has 708 bar hotels, 383 retail

outlets (all owned by the state government) and

around 4,000 functional toddy shops in the

state.

A furore was created by anti-liquor activists that

the Oommen Chandy government is out to

sanction any number of bar-attached hotels

coming under the category of three-star hotels

in the name of promoting tourism.

"In fact, this was wrongly interpreted by the

anti-liquor activists because what we intended

was that after this fiscal we would not give

licences to any bar-attached three-star hotels. At

the end of the next fiscal no four-star hotel with

bars would be given and by 2014 only five-star

hotels would get a bar licence," said the official.

Anti-liquor activists are up in arms because in

the last fiscal liquor sales touched a new high

when it reached Rs.6,730.30 crore, up from

Rs.5,539.85 crore in 2009-10. Liquor sales

provide precious revenue for the state

government up from Rs.4,260 crore (2009-10) to

Rs.5,239 crore in the last fiscal.

Excise Commissioner

History

Excise Department is one of the oldest Departments in the

State, and it contributes a major share of the State Revenue.

The word ABKARI derived from Persian (abkara from kar-

business) strengers Persian English Dictionary defines it as

tax on the manufacture and sale of Spirituous liquors and

intoxicating drugs. According to the glossary of judicial and

revenue terms it means revenue derived from duties levied

on the manufacture and sale intoxicating drugs whether in

substance, infusion, extract as opium, charas, etc.

After the formation of the State of Kerala, it was noticed that

different Abkari Acts were in force in different parts of the

State, namely; Travancore Abkari Act for Travancore, Cochin

Abkari Act for Cochin, Madras Abkari Act for Malabar.

Existence of the different Acts created much practical

difficulties and a unified Act for the whole of the state

became necessary. Therefore Government decided to extent

the Cochin Abkari Act for the whole of the state with

necessary amendments. The Cochin Abkari Act I of  1077

was renamed as the Abkari Act I of 1077 and was extended

to the whole of the state with effect from 11.05.1967.

Various amendments were made in the Abkari Act from time

to time.

The original Act viz., the Cochin Abkari Act was passed by

His Highness the Maharaja of Cochin on the 5th day of August

1902, corresponding to 31st day of Karkadagom 1077.

Excise Department was functioning under the Board of

Revenue till 30.6.98.  Excise Commissioner is the

administrative head.

Vision and Mission of the Department

The Department is administering laws related to Liquor,

Narcotic Drugs and Psychotropic Substances, Medicinal

Preparations containing alcohol and narcotic drugs, etc.

The Acts enforced by Excise Department are [1]. The Abkari

Act 1 of 1077, [2]. The Narcotic Drugs and Psychotropic

Substances Act 1985, [3]. The Medicinal and Toilet

Preparations (Excise Duties) Act, 1955 [4]. The Spirituous

Preparations (Inter State Trade and Commerce) Control Act

1955., and [5]. The Prohibition Act 1950 (Sections 1, 7 & 11

only).  The NDPS Act and the M&T.P Act were enacted by the

Central Government.

The various rules formulated under the Abkari Act, NDPS Act,

M & TP Act are furnished below:

1. Abkari Shops (Disposal) Rules 2002.

2. Kerala Foreign Liquor Rules 1953.

3. The Kerala Liquor Transit Rule 1975.

1. The Kerala Foreign Liquor (Compounding, Blending

and Bottling) Rules 1975.

4. Abkari Shops Departmental Management Rules 1972.

5. Kerala Rectified Spirits Rule 1972.

6. Kerala Winery Rules 1970

7. The Kerala Distillery & Warehouse Rules 1968.

8. The Kerala Spirituous Preparation Control Rules 1969.

9. The Brewery Rule 1967.

10. Cochin Denatured Spirit & Methyl Alcohol Rules 1965.

11. Varnish Rules 1965.

12. Foreign Liquor (Storage in Bond) Rules 1961.

13. Tree Tax Rules 1959.

1. Kerala Abkari (Disposal of Confiscated Articles )

Rules       1996.

2. Medicinal and Toilet Preparation (Excise Duties)

Rules 1956.

3. Kerala Narcotic Drugs and Psychotropic

Substances Rules 1985.

The principal duties of the Department are protection,

augmentation and collection of Excise Revenue and

enforcement of the above acts and various Rules made there

under. The Department prevents leakage of revenue, and

exerts effective control on the abuse of liquor and

Intoxicating Drugs. The duties of Excise Department are

broadly classified as Collection of Revenue, Enforcement

activity to prevent illicit liquor production, sale and

trafficking and Campaign against Alcoholism.

Liquor includes spirits of wine, arrack, spirits, wine, toddy,

beer and all liquid consisting of or containing alcohol.

Individual has no fundamental right over the manufacture

and trade of liquor. Absolute right on liquor is vested with

the State. Government formulates Abkari policy of the state

every year. The policy formulated by the State Government

is implemented by the Excise Department.

Organizational Structure

For the convenience of administration, the State of Kerala is

divided into three Zones headed by Joint Excise

Commissioners.

1. South Zone with head quarters at Thiruvananthapuram

2. Central Zone with head quarters at Ernakulam and

3. North Zone with head quarters at Kozhikode.

Fourteen Excise Divisions come under the above three Zones

which are co-terminus to the 14 Revenue Districts of the

State, headed by Deputy Excise Commissioners. In each

Division there is an Asst. Excise Commissioner for

supervision of enforcement activities.  Each Division is

further divided into Excise Circles, which are co-terminus to

the Revenue Taluk of the State under the control of Circle

Inspectors of Excise. Each Circle comprises of one or more

Excise Ranges, which are the micro level unit of Excise

Department and the primary enforcement unit headed by

Excise Inspectors.

To assist the Excise Commissioner in the administrative

work, there is an Additional Excise Commissioner

(Administration) an officer of IAS Rank in the

Commissionerate of Excise. In the Enforcement matters, an

Additional Excise Commissioner( Enforcement), IPS officer

of   IGP Rank is appointed for assisting the Excise

Commissioner.

Each Excise Zone is under the control of a Joint Excise

Commissioner and each Excise Division under the control of

a Deputy Excise Commissioner. The Excise Circle Offices in

each Taluk are under the control of a Circle Inspector of

Excise and each Range under an Excise Inspector. In each

district, in addition to the Excise Circle Offices and Range

Offices, there   is an Excise Enforcement and Anti Narcotic

Special Squad under the control of Circle Inspector of

Excise.  The Jurisdiction of these Squads is within the entire

District.   One Narcotic Enforcement Squad is functioning at

Adimali in Idukki District exclusively formulated for the

eradication of Ganja Cultivation and prevention of Narcotic

offences. The department has an Excise Intelligence and

Investigation Bureau under the control of a Joint Excise

Commissioner for collection of intelligence.  Under the Joint

Excise Commissioner, Intelligence, there are three Asst.

Excise Commissioner at Zonal level.  There is one Excise

Vigilance Wing headed by a Police Officer in the rank of

Superintend of Police, under the control of excise

Commissioner, functioning at Excise Quarters.    Excise

Department has a State Excise Academy and Research

Centre for imparting training to the officers and men of the

department.   The Principal of the Academy is an officer in

the rank of Joint Excise Commissioner.

Awareness programmes against  drug abuse and

alcoholism.

1. Posters containing messages of drug abuse and anti

alcoholism, flex boards, banners,  leaflets etc., are being

exhibited and circulated.

2. Light dramas, street plays, steet procession etc are being

conducted.

3. Seminars and public meeting are being conducted with

the active co-operation of political workers, social workers

and other Local Self Government Departments in the

selected places / centres.

4.  With the active co-operation of the Educational

Institutions, seminars, slide shows, essay competition,

drawing competition etc are being conducted and experts

such as psychologists, doctors, social workers, are taking

awareness classes for the students of High Schools and

Colleges.

5.  Magic Programmes under the leadership of Prof: Gopinath

Muthukad are being conducted at the selected centres to

show the bad impact of drug abuse and alcoholism.

6. Steps are being taken to telecast a docufiction  under the

titles ‘Zpc´elcn’ through the visual medias.

7.  A master plan in its final stage for commencing campaign

against alcoholism from October 2010 onwards throughout

the state.

8. Project reports are being received from Health

Department  for commencing de-addiction centres in Kollam,

Pathanamthitta, Idukki, Malappuram, Wayanad, Kannur,

Kasaragod and Palakkad district Hospitals with the support

of Excise Department.

1.Time for grant of various licences, permits, NOCs: -

We promise to give the final response to all the applicable within the time provided below:-

NAME OF LICENSE /

PERMIT

LICENSING / PERMIT

GIVING AUTHORITY

PERIOD IN WHICH LICENSE ISSUED (OR REJECTION COMMUNICATED)

Issue of NOC for import / export of spirit etc.

Excise Commissioner 2 weeks

Label Registration requests Excise Commissioner 2 weeks

Brand Registration Excise Commissioner 2 weeks

Permit for import of narcotic drug

Excise Commissioner 2 weeks

Request for FL-3 licence Government /Excise Commissioner

1 Month

Renewal of FL-3 Licence Deputy Excise Commissioner 2 Weeks

Request for other licenses Excise Commissioner 1 Month

L1, L2 etc. Excise Commissioner 1 Month

Permission for alternation, renovation of licensed premises

Excise Commissioner 1 Month

Permits from KSBC Warehouses

AEC(KSBC) 3 days (with FCFS)

Excise Verification Cerficate Circle Inspector of

Excise FL-9 Shop

On the same day of presentation of consignment.

Other Export / Import, transit permits

Deputy Commissioner of Excise of the Division

3 days

Licence for toddy Deputy Commissioner of Excise of the Division

10 days

Toddy Transport permit Deputy Commissioner of Excise of the Division

10 days

Interdivision permit Deputy Commissioner of Excise of the Division

10 days

Within Division Deputy Commissioner of Excise of the Division

7 days

Tree marking requests 15 days

Confirmation of toddy licence Excise Commissioner 7 days

2. Complaint’s follow up: -

The following time schedule wille kept for registration of complaints and follow up action on complaints:-

Sl.No Action By whom Within what time

1 Acknowledgement of the complaint on demand

By the recipient The same day

2 Forwarding for action to the concerned field officer

The recipient officer With in 24 hours

3 Inquiry, action and report back The field officer Within 3 weeks

4 Communication of action taken if asked for

The recipient officer Within 1 week

3.  Follow-up of Abkari Cases

Sl.No Action By whom Within what time

1 Registration of case Circle Inspector/Excise Inspector

At the earliest and not later than 24 hours

2 Production of thondy articles/accused before a magistrate

Circle Inspector/Excise Inspector

Earliest but not later than 24 hours of arrest/seizure

3 Ensuing that thondy articles are sent by the last for  the chemical examiners report

Circle Inspector/Excise Inspector

Within 7 days

4.Disposal of Seized Vehicles

Sl.No Action By whom Within what time

1 Publication of disposal notice and conduct of auction after confiscation

Dy. Commissioner of Excise

One month

2 Confirmation of sale Excise Commissioner 15 days

3 Disposal of vehicle to the auction purchaser

Excise Inspector /

Circle Inspector of Excise

One month from the date of auction.

4. Notice to the RC Owner, hearing,examination of witnesses / publication of Notice in newspapers in case of no RC Owner is found

Asst. Excise Commissioner (Authorised Officer)

Within 4 months from seizure

5 Completion of confiscation proceedings

Authorised Officer Within 5 months from seizure

6 Time for appeal before Addl. Commissioner / Confirmation by the Excise Commissioner.

One month from confiscation

7 Disposal of appeal by the Addl.

Commissioner

Addl. Excise

Commissioner

One month from the date of appeal

8 Time for filing revision One month

9 Disposal of Revision by the Excise Commissioner

Excise Commissioner One month from the date of revision

10 Publication of disposal notice and Conduct of Auction after proper publicity

Asst. Excise Commissioner

Two months

11 Confirmation of sale Excise Commissioner One month

12 Maximum time taken for disposal from the date of seizure

One year

5. Disposal of seized Spirit / IMFL/ Arrack:

Action By whom Time limit

1 Sending for Chemicals Examiner’s Report (from Court)

Excise Inspector of

the Range

Within a week of Seizure

2 Receipt of Chemical Examiner’s Report

Two months

3 Application for pretrial Disposal, if trial not completed of final orders not passed by the Court.

Within 6 months from the Date of seizure.

4 Obtain pretrial disposal sanction From the court.

Within 7months from the date of seizure.

5 Completion of confiscation Proceedings.

Authorised Officer Within 8 months from the date of seizure.

6 Proposal for disposal is to be Placed before the Disposal Committee

Asst. Excise Commissioner

Within 9 months

7 Disposal / Destroyal of the Confiscated thondy approved by the Disposal Committee as directed by the Committee.

Within One month of the a approval by the Disposal Committee.

8 Maximum total time taken for disposal.

12 Months (1 Year)

6.  Redressal of Complaints against delay or non-performance:-

1. Except in cases where there is already a provision in law for appeal / revision, complaint about unlawful denial or delay in the grant of any of the permits / license or in the sending of reports by any of the officers other than the Excise Commissioner can  be filed before the Excise Commissioner.  The Excise Commissioner will take action on such complaints within a week and inform the complainant about the action taken within a fortnight.

2. Complaint about any such delay against the Excise Commissioner can be filed

before the Excise Minister.

Local bodies to get powers to licence liquor shops

The Excise Department has decided to restore the powers of

local self governments to licence and regulate abkari shops

in their jurisdiction.

Excise Minister K. Babu issued orders last night to initiate

steps to restore the powers. The measure will require

amendments to the Panchayat Raj Act and Municipalities

Act.

When the laws were enacted in 1994, the local self

governments had been given powers to decide whether they

wanted to allow abkari shops in their area. However, this

was subsequently withdrawn on the ground that such

jurisdictions would come in conflict with the abkari policy of

the government.

The sub-committee of the ruling United Democratic Front,

which critically examined the current excise policy of the

government, had recommended that the powers originally

granted to the local self governments should be restored.

As administrative department, the Excise Department issued

orders to give effect to the recommendations. However, the

matter would now have to go through the legislative

process. The government has not yet decided whether to

give effect to decision through an Ordinance or through

enactment of legislation in the Assembly.

CHURCH OPPOSES KERALA’S NEW LIQUOR POLICY

Church leaders today said the government should restrict

new licenses for alcohol sales and stop a brewer from

opening more outlets in Kerala.

A political sub-committee met at Thiruvananthapuram.

“We have considered all views regarding the liquor policy

and decided to restrict issuing new licenses to hotel

bars,”said M.M. Hasan, a senior Congress leader who heads

the committee.

The Church is worried about the Kerala government’s draft

liquor policy, which would make alcohol “freely available”.

The policy proposes that three-star hotels could have a bar

license and would relax a ban on sales within 200 meters of

places of worship, educational institutions and hospitals.

The Church has been campaigning for a liquor-free Kerala.

But adoption of the new policy would “foil our attempts and

drive the youth to alcoholism,” said Major Archbishop and

head of the Syro-Malabar Church George Alenchery.

Father Thaithottam, president of Kerala’s anti-liquor

committee, said the new policy runs counter to assurances

given by the ruling coalition and the chief minister.

“Alcoholism has destabilized families, leading to suicides,

high crime rates and road accidents,” he said.

Liquor Licence in

TAMILNADU

Alcohol policy in Tamil Nadu

From 2003 onwards, sale of alcoholic drinks in Tamil Nadu is

the monopoly of the state government. The agency in

charge is called Tamil Nadu State Marketing Corporation

Limited (Tasmac) and alcoholic drinks are sold exclusively

through Tasmac outlets (unless one goes to a licensed pub).

Having been to a few Tasmac outlets, I found them totally

disgusting. The floors were wet with liquor and God knows

what else. Men drinking inside and behaving in an uncivilised

manner. And the only liquors you get in TN now are those

made in TN. If you want beer, your choices are limited -

Kingfisher (thankfully), Haywards 5000, Vorion 6000,

Knockout - the latter three being beer beefed up with extra

alcohol, for a better "kick". And the kind of IMFL thats

available there is third rate, almost like arrack.

Forget wine or champagne that people up the social ladder

like to indulge in. While the Indian wine market is exploding,

and Indian brands like Grovers and Sula are getting

recognised abroad, it is acrying shame that one cannot get

them in TN. The only good wines available in TN are

imported ones at some star hotels for outrageous prices. And

for New Years which I celebrated in Chennai, I had to buy a

bottle of champagne from Bangalore and take it along with

me, since I knew I cannot buy one in TN! As a wine lover, this

is a strong reason for me to hate Chennai!

In Bangalore, you can buy good wine/spirits at outlets like

Food World. I know many women who buy alcohol and not

feel uncomfortable in doing so. However in TN, thanks to

Tasmac, a woman who enters a Tasmac outlet faces a real

danger of being molested, and has to depend on male

friends to buy her alcohol. I don't think any sane woman

would ever enter a Tasmac outlet.

In TN, the social atmosphere is such that people see drinking

as "evil", period. There is no concept of social drinking, or

drinking as a form of relaxation after a tiring working day. If

people drink, it is to get high and behave in a drunken

manner (as is evinced by the super potent beers like

Knockout).

And the politicians are eager to capitalise on this. Tasmac is

a cash cow. Even though it was formed during Jayalalitha's

govt, the present DMK govt has no inclination of

discontinuing its monopoly, since its a hen that lays golden

eggs.

But this kind of negative thinking and govt policy are bound

to take its toll. The IT industry has people with liberal

attitudes in general. Also women make a large portion of it.

This kind of women-unfriendly attitude is bound to make

them leave for other cities like Bangalore which offer a

better climate and choice of drinks for social drinking.

TN's liquor policy does not violate norms: HC

The Tamil Nadu Government's liquor policy does not violate

any statutory or Constitutional norms,'' the First Bench of

Madras High Court observed while granting liberty to a

Pattali Makkal Katchi(PMK)Office-Bearer to make fresh

representation to the government within two weeks

regarding the policy.

If such a representation is made, the Prohibition and Excise

Secretary should consider the same and dispose it of by a

reasoned order within six weeks thereafter.

The Bench comprising Chief Justice A K Ganguly and Justice F

M Ibrahim Kalifulla recorded the Government Pleader's

statement the government was already running 50 de-

addiction centres in the State and it was thinking of starting

similar facilities at more places in the near future.

The Bench disposed the writ petitions filed by Nirmala Raja,

State President of the Pattali Mahalir Sangam, the women's

wing of the PMK.

Ms Raja sought a writ directing the respondents ''Chief

Secretary, Prohibition and Excise Secretary and TASMAC,

represented by its Managing Director'' to desist from fixing

targets to increase the sale of alcohol and IMFL in the State.

She also sought a direction to the authorities to set up de-

addiction centres in every district and organise campaigns to

create awareness of the evils of drinking.

The petitioner's counsel submitted that in Gujarat prohibition

was being implemented. Such a principle could be followed

in Tamil Nadu.

The Government Pleader submitted the sales targets had

been framed by way of internal circulars which were issued

to the department concerned. They were never advertised or

brought to public knowledge. The sales targets had been

fixed primarily to eradicate consumption of illicit liquor and

augment public revenue.

The Bench said the matter involved was about framing of

policy by the State Government.

It was difficult for the court to interfere unless the liquor

policy was in clear violation of any statutory or Constitutional

norm.

''We cannot see the policy, which has been framed by the

State Government, violates any such norms.'' The petitioner

had submitted she had made a representation to the

authorities in March this year and it should be disposed of.

The Bench said the petitioner could make a fresh

representation along with a copy of the court order.

Government of Tamil Nadu

Abstract

Prohibition & Excise - Tamil Nadu Liquor (Retail Vending)

Rules, 1989 -  Licensing of Indian Made Foreign Liquor retail

vending shops - Introduction of licensing system - Policy

approved- Orders issued.

PROHIBITION AND EXCISE (VI) DEPARTMENT

G.O.(Ms).No.

113                                                                              Dated:

22.6.2001

 Read:

1.G.O.Ms.No.104, Prohibition and Excise, dated 17.5.2001.

2.G.O.Ms.No.109, Prohibition and Excise, dated  6.6.2001.

3. G.O.Ms.No.112,  Prohibition and Excise, dated 20.6.2001.

-------

ORDER:

The Government have carefully examined the policy to be

adopted for licensing of the Indian Made Foreign Liquor retail

vending shops for the block period 2001-2004 and have

decided that  a new licensing system  should be followed for

the licensing of the Indian Made Foreign Liquor retail vending

shops for the block period 2001-2004. 

2. The Government also direct that,

a)     The number of Indian Made Foreign Liquor retail

vending shops for the entire State for the block period 2001-

2004 be fixed at 6000.

b)     The privilege fee of the Indian Made Foreign Liquor

retail vending shops for the year 2001-2002 shall be worked

out on notified area basis, taking the average privilege fee of

the last three years and providing for some suitable

increase. There should be a uniform privilege fee for a given

notified area. 

c)       A notice inviting applications in a format to be

prescribed for the grant of licence for the year 2001-2002

should be published in the newspapers on 23.6.2001 and

24.6.2001 stipulating 28.6.2001 as the last date for receipt

of applications.   In case there are more than one eligible

applications per shop, the selection shall be by drawal of lot

in the presence of the District Collectors and licences shall

be issued thereafter. The District Collectors are instructed to

grant licences on or before 10.7.2001. The shops should

start functioning from 16.7.2001.

d)    The licensee should lift the minimum off-take fixed for

the shop by the licensing authority. In case of failure to lift

the minimum off-take consecutively for two months, the

licensee will be liable to pay a penalty in proportion to the

loss of revenue due to non-lifting of stock and if there is

default for a period of another two months consecutively, the

licence will be liable to be cancelled.  Necessary

amendments to the Tamil Nadu Liquor (Retail Vending )

Rules, 1989 will be issued separately in this regard.

3. The Commissioner of Prohibition and Excise and the

Collectors are requested to take immediate action to

implement the orders contained in the paragraph 2 above.

                        (BY ORDER OF THE GOVERNOR)

 B.K. PRASAD,

                                                                        SECRETAR

Y TO GOVERNMENT,

To

The Commissioner of Prohibition and Excise, Chennai-5.

All Collectors.

Copy to:

The Director General of Police, Chennai-4.

The Inspector General of Police(E), Chennai-5.

The Managing Director, Tamil Nadu State Marketing

Corporation Limited, Chennai-8.

The Finance Department, Chennai-9.

The Secretary to Honourable Chief Minister, Chennai-9.

The Senior P.A. to Honourable Minister (Revenue), Chennai-

9.

The office of the Honourable Chief Minister, Chennai-9.

The Secretariat Library, Chennai-9.

Liquor policy does not violate any statutory norm:

court

While stating that the Tamil Nadu government’s liquor policy

does not violate any statutory or constitutional norm, the

First Bench of the Madras High Court has granted liberty to a

PMK office-bearer to make a fresh representation to the

government within two weeks regarding the policy.

If such a representation is made, the Prohibition and Excise

Secretary should consider the same and dispose it of by a

reasoned order within six weeks thereafter.

The Bench, comprising Chief Justice A.K. Ganguly and Justice

F.M. Ibrahim Kalifulla, recorded the Government Pleader’s

statement that the government was already running 50 de-

addiction centres in the State and it was thinking of starting

the facility at more places in the near future.

The Bench disposed of writ petitions filed by Nirmala Raja,

State president of the Pattali Mahalir Sangam, the women’s

wing of PMK. Ms. Raja sought a writ directing the

respondents – Chief Secretary, Prohibition and Excise

Secretary and TASMAC, represented by its Managing

Director – to desist from fixing targets to increase the sale of

alcohol and IMFL in the State. She also sought a direction to

the authorities to set up de-addiction centres in every district

and organise campaigns to create awareness of the evils of

drinking.

Petitioner’s counsel submitted that in Gujarat prohibition was

being implemented. Such a principle could be followed in

Tamil Nadu.

The Government Pleader submitted the sales targets had

been framed by way of internal circulars, which were issued

to the department concerned. They were never advertised or

brought to public knowledge. The sales targets had been

fixed primarily to eradicate consumption of illicit liquor and

augment public revenue.

The Bench said the matter involved was about framing of

policy by the State government. It was difficult for the court

to interfere unless the liquor policy was in clear violation of

any statutory or constitutional norm. “We cannot see that

the policy, which has been framed by the State government,

violates any such norm.”

The petitioner had said that she had made a representation

to the authorities in March this year and it should be

disposed of.

The Bench said the petitioner could make a fresh

representation along with a copy of the court order.

CHAPTER III

DATA ANALYSIS

CHAPTER IV

CONCLUSION

BIBLIOGRAPHY

QUESTIONER

CONCLUSION

The L-1 licences are given to a company, society, or

manufacturing firm: partnership or proprietorship firm

provided the applicant owns a distillery. The applications for

this are invited through advertisements in leading

newspapers. The prime job of L-1 license holders is to supply

liquor to other license holders.

A number of certificates need to be submitted along with an

L-1 license application. These are listed below:

Solvency certificate from SMD

Income tax clearance certificate

No dues certificate from collector (excise)

No dues certificate from sales tax officer

Declaration of distillery on affidavit regarding sale and

minimum ex-distillery prices and distance of distillery

from Delhi

CA certificate for sale and minimum ex-distillery prices

Certificate from Excise authority regarding sale figures

Registered partnership deed/memorandum and article

of association

Duly audited annual account and balance sheet of

distillery

Attested copy of the license for establishment of

distillery/winery/bottling unit/brewery

Power of attorney

Attested photocopies of export passes/EVCs verifying

the sale figures of the whisky and rum brand for which

distillery has applied

Trade Mark Certificate (TMC)

Usership agreement under Trade & merchandise Marks

Act, 1958

Certificate from a government authorised laboratory or

other reputed private institution regarding quality of

brand.

An affidavit stating that there is nothing adverse or

against the applicant in view of the provision of rule 7

of Delhi Intoxicants license and sale rule, 1976

Documentary evidence to prove that the alcohol is

manufactured from natural alcohol (double distilled)

Extra natural alcohol

The IMFL or the beer brand proposed to be sold by the

applicant of the L-1 license should be owned by the distillery

and in respect of the IMFL brands, excluding wine, the

applicant should be in possession of trade mark certificate in

respect to these brands. However if the brand has been

sold in Delhi before 1993-94 the TMC is not required.

For the approval of rum and whiskey brands, the

brand must have sold a minimum quantity in the all

India market excluding Delhi as indicated in the terms

and conditions.

Once the license is approved, the applicant has to submit

the following:

Registration of brands

Approval of bonded warehouse

Approval of label

Fixation of ex-distillery prices

Distilleries and breweries also have a bone of contention

with the liquor policy of the government. According to the

Constitution of India, under Article 47, it is the

"Duty of the state to raise the level of nutrition and

the standard of living and to improve public health--

the state shall regard the raising of the level of

nutrition and the standard of living of its people and

the improvement of public health as among its

primary duties and in particular, the state shall

endeavour to bring about prohibition of the

consumption except for medical purposes of

intoxicating drinks and drugs which are injurious to

health."

However experience of prohibition in other countries has

shown that the prohibition would be counter productive.

Therefore, the Delhi government grants a privilege to the

distilleries with regulations, without granting any right to

trade in liquor.

BIBLIOGRAPHY

INTERNET

o indianwine.com/cs/blogs/indian...liquor+policy/default.aspx

o www. indianalcoholpolicy .org/

o www.timesofindia.indiatimes.com

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