Police not authorised to regulate hotel timings

Police not authorised to regulate hotel timings
D H News Service, Bangalore:
The High Courts intervention was sought to remind the police of a government notification issued in 1987, that exempted hotels or eateries and medical shops from shutting down at 11.30 pm.


As the police went ahead in implementing the Shops and Establishments Act of 1976, without even being aware of a subsequent notification issued in 1987, that permitted them to keep the establishments open based on their discretion, Deccan Herald spoke to the people, who matter. Here are their opinions. Senior Counsel and Former Advocate General B V Acharya said, “The police went ahead and issued a notification ordering hotels to shut down at 11.30 pm. But, they are not the competent authority to implement the Shops and Establishments Act. The said act was brought about to safeguard the interest of the labour and staff and to stipulate their working hours and timings. Only the Labour inspector is authorised to implement the act.

“The act only authorises imposition of fines, if any business establishment is kept open beyond 8 pm. The 1976 Act had specified a maximum time of 9 pm. It however, clearly specifies in its 1987 notification that overruled the previous one, that hotels serving meals and medical shops are exempt from this notification. What the police did was to implement a order, without realising its interpretation,” added Mr Acharya.

Apt authority

The senior counsel added that while the excise department is the competent authority to ensure that bars and pubs do not remain open beyond 11.30 pm, there is no such law now, which the police can implement on hotels serving meals.

“Even the BBMP is of the opinion that eating joints are allowed to be kept open beyond 11 pm, as it would prevent people from going to unhygienic roadside stalls,” he explained.

Based on necessity

Vasudeva Adiga, president of Bangalore Hoteliers’ Association added, “We welcome the recent interpretation of the law by the High Court. Hotels and fast food joints that constitute a major chunk of eating houses will be kept open based on their necessity. We will shortly submit a MoU to the City police commissioner, requesting the authorities that we are willing to keep our shutters open, until we continue to have customers beyond 11 pm.”
So, until the government goes ahead and introduces a fresh legislation on the nitty-gritties of specifying the closing time for hotels, restaurants that do not have a bar license, eateries can continue to be kept open. This is what it boils down to.

WHAT THEY SAY

Kamat Bugle Rock, Basavangudi

The hotel is now open till 11 pm and they say that they really would not like to keep the hotel open longer than this time. Even though BMS College of Engineering is situated opposite to this hotel, the crowd dwindles completely after 10.30 pm. As they see it, delaying the closing time, will not help them in anyway.

Woody’s, Jayanagar 9th Block,

Right now, we are open till 11 pm and that seems to be sufficient. Eventhough, the area boasts of considerable student and call centre employee population, there is not much of a crowd in the night. We might extend the timings, but not anywhere in the near future. We would like to see the response and then decide on it.