Smoking In Public Places Is Prohibited, Directions To Restaurant To Earmark Hookah Smoking Area, Obtain License: In Karnataka High Court
After obtaining a license, the Karnataka High Court ordered a restaurant, Soho Pub & Grill, to set aside a separate area in its premises for patrons to smoke hookah.
“Smoking of hookah should not cause inconvenience to other customers since smoking has been prohibited in public places, aseparate area with a separate enclosure must be set aside for the hookah bar.” said Honourable Justice SG Pandit in the case of Soho Pub and Grill vs State of Karnataka (Writ petition no.: 6971 of 2022).
According to the facts of the case, the petitioners had approached the court seeking a writ of mandamus ordering respondents not to interfere with the petitioner’s lawful activities. Petitioner operates a restaurant where customers are allowed to smoke hookah, and respondents are accused of interfering with petitioner’s business.
The bench referred to the Coordinate Bench order dated 27.02.2017 in W.P.No.8140/2017, in which the High Court had considered these factors in similar circumstances and, after taking note of the order dated 03.09.2015 in W.P.No.14226/2015, had said “If that is the case, the use of the Hookah instrument cannot be prohibited as long as the hookah is used to smoke tobacco and no other prohibited substance is used. As a result, if the said Hookah is used for any other illegal purpose, law enforcement authorities, including the jurisdictional police, would be justified in taking appropriate legal action.”
“In that view of the matter, the petitioner would be entitled to similar relief,” the bench said. “Respondents are hereby directed not to interfere with petitioner’s legal activities,” it continued.
The State argued that customers of the petitioner-restaurant who are smoking hookah are likely to engage in illegal activities, and that police authorities should be allowed to keep an eye on them. It was also argued that because smoking is prohibited in public places, the petitioner must designate a separate area in the business premises for hookah smoking.
The court agreed, saying, “The contention deserves to be accepted for the simple reason that customers at the petitioner-restaurant cannot be allowed to use ganja marijuana, etc. under the guise of smoking hookah.”
Thus, the court imposed the following conditions while allowing the plea:
- Respondent not to require the petitioner to obtain a license for the use of Hookah in the smoking zone provided by the petitioner in their premises, if such facility is only for smoking Tobacco through Hookah.
- However, if any credible information is received and in the course of monitoring, any illegal activity is discovered, including the use of any banned substance, the respondents or other law enforcement authorities would be entitled to take action.
- The petitioner shall designate a separate area/place(s) in the hotel premise, with appropriate enclosure, for the purpose of hookah smoking, and no other area or portion of the premise shall be used by the petitioner’s customers for hookah smoking.
- The respondent-jurisdictional police shall not harass the petitioner while conducting an inspection. It does not, however, prevent them from inspecting the premises at regular intervals and notifying the petitioner if necessary.