Kerala High Court today held that license is not required for serving liquor in private functions organised in houses.
The Court delivered the order while considering a plea by one Alex V Chacko apprehending harassment by police and excise department authorities in a baptism function in which he is planning to serve liquor for guests.
In his petition, Chacko recalled that he had to obtain a license from Excise Department paying Rs 50,000 for serving liquor at the betrothal ceremony of his daughter.
He contended that he and his family members possess only permissible amount of liquor. According to provisions in the Kerala Abkari Act and Rules, a persons can possess three litres of Indian Made Foreign Liquor.
The petitioner also said since own house being a private place, license from the Excise Department is not required for serving liquor for guests there. He said liquor is not for sale and it is served along with food to guests.
Own house will not come within the definition of public space under Section 15 (C) of Kerala Abkari Act, he argued.
Appreciating the contentions of the petitioner, the Division Bench of the High Court comprising Justice Antony Dominic and Justice Dama Seshadri Naidu held that license is not required for serving liquor in a private function organised at own houses.
However, the the Court said the limit prescribed under the Abkari Act and Rules for possessing the liquor shall not be exceeded and sale of liquor in houses is not permitted.
During the hearing, the government argued that if public are invited and liquor is served, the houses could also termed as bar.
However, the court rejected it and permitted the petitioner to serve liquor at permissible limit.
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