Revised Section 144 Order For Restaurants, Bars In Pune: Inhouse Music Allowed Till 1:30 AM, All Types Of Hookah Sheesha Not Allowed; Check Details

Sumit Singh & Mubarak Ansari

Pune, 4th March 2024: After taking feedback from the public, Pune City Police Commissioner Amitesh Kumar today issued an order under section 144 of the Criminal Procedure Code (CrPC) for bars
permit rooms, restaurants etc.

This order shall remain in force with effect from 00:01 hrs of 05/03/2024 till 24:00 hrs of 31/03/2024 unless withdrawn earlier, by the issuing authority.

Objections if any, in respect of this order may be submitted at email id :- cp.pune@nic.in. or at CP office, Pune. The objection shall be duly considered and necessary modification if required shall be made, the city police chief has clarified.

The order states, “It has been brought to my notice that certain incidents having implications on public peace and order, are being repeatedly reported in and around bars, permit rooms, restaurants etc. located within the jurisdiction of Pune City Police Commissionerate and

Some owners of such establishments are either not exercising due diligence to prevent such incidents, or are wilfully doing certain acts leading to such incidents. Some owners of such establishments are blatantly violating the mandated rules and regulations thereby creating a fertile ground for such objectionable incidents has come to my notice that some guests / customers visiting such establishments are indulging in disorderly behaviour and such ruckus is causing a sense of insecurity amongst the fellow guests including women.

With a view to curb and prevent such incidents and to ensure that peace and tranquillity prevails in and around such establishments, a notification u/s 144 CrPc was issued on 19.02.2024.

The objections / suggestions of stakeholders were called for and after
discussion with various hotels/restaurant associations etc. fresh modified directions are being issued which is as follows :-

1) All bars / permit rooms shall strictly adhere to the outer time limit of 01:30 A.M. and shut their establishments by 01:30 A.M. sharp.

2) All indoor music performances shall be shut by 01:30 A.M. sharp, whereas stipulated time period for outdoor performances / events is 10.00 P.M.

3) No orders for food & liquor etc. may be taken after 01:15 A.M. to ensure strict compliance of points no. 1 & 2 above.

4) 30 minutes of grace time shall be permitted to have the establishment vacated of their customers / clients.

5) No entry of children below the age of 18 years shall be allowed in the designated area of “permit room” where liquor is being served.

6) |The mandated age criteria for service of liquor as per the prevailing excise rules shall be followed.

7) If professional performers / artists / DJs etc. from foreign countries perform in the premises of such establishments, prior intimation shall be given 15 days in advance with details of the performers viz passport copy, visa details, date of arrival, date of departure, place of stay etc.

8) For day to day events (at venues other than pubs/bar/restaurants) which are ticketed, written permission shall be taken from the office of the Commissioner of Police, Pune City, applications for which shall be made at least two weeks in advance and no ticket sales or publicity shall start except after taking such permission. Such applications shall
be decided within 7 days of their receipt by the Office of the Commissioner of Police, Pune.

9) All such establishments shall strictly comply with the Noise Pollution (Regulation and Control) Rules, 2000 amended from time to timé, along with the various court judgments in this regard. All establishments shall ensure that proper acoustic sound proofing of such establishments is done so that there is no leakage of sound or noise outside the premises.

10) CCTVs shall be installed in the premises to cover all points of entry, exit, serving area, seating area, bar counter etc. and must not exclude any area where the members of the public are ordinarily present. Recording of CCTVs must be maintained for a period of 15 days.

11) Character verification of all security personnel (commonly termed as “bouncers”) of such establishments must be thoroughly done and any security personnel having a crime record over the last 10 years shall not be employed as “bouncers” except with the written permission of the concerned Zonal Deputy Commissioner of Police.

12) The establishment shall ensure that appropriate number of such male and female security personnel are present at all times to manage their customers and it shall be ensured that these security personnel shall not by any means indulge in any act, which may constitute to be an offence under the prevailing laws of the land.

13) The overall responsibility to maintain the safety, security and dignity of guests including women who intend to enter or are within such establishments, shall rest with the owners of such establishments, in whose name licence has been issued.

14) Regulating the parking and ensuing traffic outside the premises shall be the sole responsibility of the owners of such establishments. Efforts be made to create awareness regarding voluntary compliance of traffic rules regarding “drink and drive”.

15) Assessment in respect of persons creating ruckus or unruly behaviour shall be done by the establishment staff / management and service of liquor to such unruly persons shall be stopped forthwith and they be evacuated appropriately by the security personnel well before their conduct causes annoyance to other guests. Such an evacuation must be done under video recording.

16) Customers found wilfully indulging in unruly behaviour may be declared as “Persona non grata” and their entry be banned into such premises with reasons recorded in writing. List of such customers must be maintained in a separate register by the establishment.

17) In establishments where smoking is allowed, it shall only be permitted in a specified designated area (either enclosed or open to sky). Provisions of The Cigarettes and Other Tobacco Products Act (COTPA), 2003 must be minutely complied with. All such establishments shall also ensure that no e-cigarettes (including “vapes”) are used in their premises, as mandated by The Prohibition of Electronic Cigarettes Act, 2019.

18) Hookah / Sheesha shall not be served / permitted in any such establishment / public place / eating houses.

19) It shall be the responsibility of the owner of rooftop establishment to ensure that service / consumption of alcohol in open area / terrace doesn’t take place unless the same is designated as a “Permit room” in the FL III licence.

20) It shall be the responsibility of owner of rooftop establishment to ensure that open air music doesn’t cause annoyance to dwellers of concerned building and relevant provisions of Noise Pollution ( Regulation & Control ) Rules, 2000 are adhered to any non compliance on this part would attract legal action under said rules . It is specified that the outer time limit for loudspeakers in open air is ordinarily 10.00 P.M.

21) All establishments shall display prominent signage regarding “NO DRUGS ALLOWED / DRUG CONSUMPTION IS BANNED” and thorough checking shall be done to ensure that drugs are not being consumed in such establishments.

22) All existing rules and regulations issued by the Government in respect of excise permit conditions shall be strictly adhered to.

23) No eating house / dhaba / establishment which does not possess a valid excise licence shall allow drinking or sale of liquor to its customers.

24) No sale of bottled liquor shall be allowed by the FL-III Permit holders of such establishments.

25) In the instance where the owners of such establishments hire external agencies or managers to conduct specific events, or to manage their premises, the sole responsibility and accountability regarding the implementation of all the points mentioned above, shall rest on the owners of such establishments.

26) Any ruckus or untoward incident in the establishment shall be forthwith reported by the management of such establishment to the police control room call centre on Dial 112 compulsorily, apart from taking recourse to passing on such information to the local Police Station / Senior Police authorities.

Violation of this order shall invite criminal culpability u/s 188 IPC along with other relevant sections of law as is relevant on a case by case basis.”

For appropriate action, the order of the copy has been sent to:
1) Joint Commissioner of Police, Pune City.
2) Additional Commissioners of Police, Crime/ East/ West Region, Pune City.
3) All Deputy Commissioners of Police, Pune City.
4) All Assistant Commissioners of Police, Pune City.
S) All Senior Police Inspectors, of Police Stations, Pune City.

The copy of the order has been sent to following authorities also for information:

1) Additional Chief Secretary, Home Department, Government of Maharashtra, Mumbai.

2) Director General of Police, State of Maharashtra, Mumbai.

3) Commissioner, State Intelligence Department, Maharashtra, Mumbai.

4) Divisional Commissioner, Pune Division.

5) Commissioner, Municipal Corporation, Pune.

6) Principal District & Sessions Judge, Pune.

7) Collector and District Magistrate, Pune.

8) Assistant Director and Police Prosecutor. Pune City.

9) District Information Officer, Pune City.