STATE LAWS RELATING TO ALCOHOLIC BEVERAGES

LIQUOR

•  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 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.

• 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 none existing. Champagne, generally a ceremonial drink, also known as sparkling 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.

What is liquor Licenses?

 A liquor license is a permit to sell alcoholic beverages.

What are the Liquor Licenses Granting Authority?

Grant of L-1 License:

Every year Government of Delhi formulates the Excise Policy and in pursuance to this policy all the liquor Licenses (L-1) are granted for the wholesale vending to a Company or a society or a partnership firm or proprietorship firm provided the applicant owns distillery / breweries / manufacturing units/bottling plants.

The applications for the grant of License are invited through the public notice published in some of the leading newspapers. An application for the grant of L-1 License is required to be made in response to the public notice in the prescribed format together with its Appendices ('B' and 'C') to the Collector of Excise. The prime job of L-1 Licensee is to supply liquor to the holders of L-2, L-3, L-4, L-5, L-19 and L-19 A, L-52, L-53 licenses in the National Capital Territory of Delhi.

The aspirants for the grant of L-1 Licenses have to comply with the procedure as laid down in the terms and conditions for the grant of L-1 Licenses which are made available in the Office during the notice period. The applicant has to submit the following documents along with the application on the prescribed format :

1. Solvency Certificate from SDM (except in case of a Public Ltd. Co.) 2. Income Tax Clearance Certificate 3. No Dues Certificate from Collector (Excise) 4. No Dues Certificate from Sales Tax Officer 5. Declaration of distillery on affidavit regarding sale and minimum ex-distillery prices and distance of distillery from Delhi. 6. Chartered Accountant's Certificate for sale and minimum ex-distillery prices. 7. Certificate from Excise Authority concerned regarding sale figure. 8. Power of Attorney 9. Registered partnership deed/memorandum and Article of association / (Distillery/Winery/Bottling Unit/Brewery). 10 Duly audited annual account and balance sheet of distillery. 11. Attested copy of the license for establishment of distillery/winery/bottling unit/brewery. 12. Attested photocopies of export passes/EVCs verifying the sale figure of the whisky and rum brands for which distillery has applied. 13. Trade Mark Certificate. 14. Usership agreement under Trade & Merchandise Marks Act, 1958. 15. A certificate from a government authorized laboratory or other reputed private institutions regarding quality of brand. 16. 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. 17. Documentary evidence to prove that the product is manufactured from natural alcohol (Double distilled) Extra natural alcohol.

The IMFL/beer brands proposed to be sold by applicant on L-1 License should be owned by the distillery and in respect of IMFL brands excluding wine, the applicant should be in possession of trade mark certificate in respect of these brands How can one take the license of service of liquor in a hotel? GRANT OF L-15/L-15F AND L-16/16F LICENCE IN HOTELS: ON SITE CONSUMPTION LICENCES : Department grants licence to hotels which are holding star classification and approval of Department of Tourism, Govt. of India which are considered necessary for grant of Licence in form L-15/L-15F license empowers the hotel for service of Indian Liquor/foreign liquor to the residents in their rooms. Grant of L-17/L-18/L-19 Licence in Independent Restaurant: L-17 / L-18 Licence is granted to an independent restaurant approved by Department of Tourism, Govt. of India. Such restaurants can apply in the office of the Commissioner of Excise in prescribed form and submit documents as indicated in the application form. The restaurant should be situated in commercial area with adequate parking space. The restaurant has to meet the requirement of rule 51 of Delhi Excise Rules 2010 as quoted in case of L-15/L-16 Licences conditions. Rest of the procedure for the grant of Licence is the same as indicated in case of L-15/L-16 Licence.. List of Documents for L-17/L-18/L-19 Licence to independent restaurant. P-13 Permit is granted to licenced hotels, restaurants and clubs for service of foreign liquor inside/outside their licensed premises on temporary basis for hosting a function on a specific day. For Permission of possessing Liquor in excess of Individual Possession Limit one has to apply for L-30 Licence.              Department grants license to hotels (holding star classification and approval of Department of Tourism, Govt. of India)              Service of liquor is restricted to specified premises of bar and restaurant only              Hotel is required to submit application on its letterhead accompanied by the following documents: 1.             Documentary proof regarding legal status of the hotel i.e. whether it is a company, partnership firm etc. 2.             Completion certificate of the hotel building. 3.             Trade license (Local Authority i.e. MCD/NDMC) 4.             Lodging House license (Local Authority) 5.             Certificate of registration of eating House license (DCP {Licensing)} 6.             Documentary proof regarding applicant being an Income Tax Assessee and Sales Tax-Assessee. 7.             Layout plan of the hotel, site plan of the license outlets L-3 License Fee (Service of Liquor in a hotel to the residents in their rooms) L-5 License Fee (Service of Liquor in a bar or restaurant attached to a hotel)                 L-19 License                 Granted for service of liquor/beer in a club                 The applicant is required to apply on the letterhead of the club to the office of the Commissioner of Excise and the accompanying documents are to be as below: 1.             Registration certificate in respect of club                 L-19 License                 Granted for service of liquor/beer in a club                 The applicant is required to apply on the letterhead of the club to the office of the Commissioner of Excise and the accompanying documents are to be as below: 1.             Registration certificate in respect of club. 2.             Documentary proof in support of legal possession of the plot of the club. 3.             NOC from the area DCP. 4.             List of members of the club. 5.             List of the office bearers of the club. 6.             Resolution passed by the Management Committee to start the bar facility in the club and also to meet the liability thereof. •              L-20 LICENSE Is granted to licensed hotels, restaurants and clubs for service of foreign liquor inside/outside their licensed premises on temporary basis for hosting a function on a specific day. Any eligible hotel, restaurant and club can apply for grant of L-20 license after depositing Rs 3000/- as license fee. Delhi Liquor License Rules, 1976 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. License cannot be granted to:- •  Any person who has been declared insolvent by any court in India, who is insane or who is below 25 years of age. •  Any person who has been convicted by a criminal court for any non-bailable offence. •   Any person who is not assessed to income tax. •   No licensee shall employ any person suffering from an infectious or contagious disease. •    No person shall print or publish in any news paper / book / leaflet for display or distribute any advertisement or other matter soliciting the use of or offering any liquor. •     L-4 license for service of IMFL/Beer may only be granted to an independent restaurant approved by the Department of Tourism of Govt. of India. •    The business premises of a licensee shall be kept closed on all dry days. •    The hours for the sale of liquor shall be such as may be specified in an order by the Excise Commissioner. •    The licensee shall sell liquor at the price fixed 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. •  No person shall have in his possession any quantity of any intoxicant, knowing the same to have been unlawfully imported, transported, manufactured, cultivated or collected, or knowing the prescribed duty not to have been paid thereon. •  No licensed vendor shall sell or deliver any liquor or intoxicating drug to any person apparently under the age of twenty five years whether for consumption by such person or by another person and whether for consumption on or off the premises of such vendor. • No person who is licensed to sell any liquor or intoxicating drug for consumption on his premises shall, during the hours in which such premises are kept open for business employ or permit to be employed, either with or without remuneration, any man under the age of 25 years or any woman in any part of such premises in which such 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 Possession limit for liquor: Liquor being an excisable article cannot be stored by a person like any general commodity. Possession limit has therefore been prescribed. Any individual person can possess at his residence alcoholic beverages within the prescribed limit for bonafide consumption by him and by members of his family or his guests. The present possession limit is given below: - Foreign liquor whether imported or made in India 18 litres Beer/wine (mild drinks) whether imported or made in India 36 litres Cider 9 litres Country liquor 3 litres