Mumbai, September 22, 2026: The Bombay High Court has held that authorities cannot deny a performance licence for orchestra and live music merely by citing a general apprehension of law and order problems, without placing any material on record to support such a claim.
Justice NJ Jamadar, on September 16, quashed the refusal of a performance licence to Magmus Bar and Restaurant on S V Road, Khar, and directed the competent authority to grant the licence within four weeks.
Licence Rejected Over Law And Order
The company operating the restaurant had obtained no-objection certificates from the Khar Senior Inspector and the Assistant Commissioner of Police, Bandra, after applying for the licence.
However, the DCP (Headquarters-Hotel Branch), the competent licensing authority, rejected the application on October 1, 2025, citing apprehensions that live music could lead to law and order problems and disturb social harmony.
The company’s appeal was subsequently rejected by the Divisional Commissioner, Konkan, on June 2.
State opposed the plea, contending that the reports of subordinate police officers were only recommendatory and did not bind the DCP. He said the authorities had considered criminal cases registered against the directors, the possibility of unruly patrons, increased traffic and complaints of altercations with neighbours and residents.
However, the company challenged the refusal, contending that the establishment had fulfilled all the prescribed requirements.
Court Finds Lack Of Supporting Material
Justice Jamadar noted that the DCP’s order did not disclose any material or specific reasons to support the apprehension of a law and order problem.
The court also relied on the Khar police station’s site report, which stated that the premises were in a commercial area, the road in front was more than 40 feet wide and there were no religious places, hospitals or educational institutions within 75 metres. Parking was available and the premises were soundproof, the report said.
While acknowledging that grant of a licence is within the discretion of the competent authority, Justice Jamadar said such discretion cannot be completely “unbridled” and has to be exercised in accordance with the Public Performance Rules.
“A mere ipse dixit (bare assertion) of the competent authority that the grant of licence may lead to law and order problem, without anything more, cannot be sustained,” the court observed.
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Orders Set Aside, Licence Directed
The court also noted that two criminal cases against the directors had already been quashed by the High Court and that the complaints relied upon by the authorities were lodged after the DCP’s order.
Holding that the orders suffered from “unreasonableness and arbitrariness”, the court set them aside and directed the licensing authority to issue the performance licence within four weeks.
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