Observing that grant of an eating house license does not deem to include a permit to serve ‘hookah’ or ‘herbal hookah’, the Bombay High Court has dismissed a petition filed by a Chembur restaurateur challenging the show cause notice issued by the BMC asking to stop serving ‘herbal hookah’ at her eatery.
Permitting hookah would amount to ‘absolute nuisance’: HC
A division bench of Justices Girish Kulkarni and RN Laddha, on April 24, noted permitting serving of hookah in a restaurant where children, women and elderly visit for refreshments or food, would amount to ‘absolute nuisance’.
“If this is to be a reality, the impact it would create on such customers at the eating house can just be imagined,” the bench said, further observing that if every eating house in the city was permitted to provide hookah, it would be “totally uncontrolled”.
It is inconceivable that an activity which is not specifically permitted under the terms and conditions of license, would be deemed to be included in any license conditions, the court said.
Restaurant owner had challenged BMC notice in HC
The HC was hearing a petition filed by one Sayli Parkhi, through her advocates Mayur Khandeparkar and Ajinkya Udane, challenging an April 18, 2023 BMC notice asking why the eating house licence granted to her restaurant ‘The Orange Mint’ should not be revoked/ cancelled if it continues to serve hookah/ herbal hookah.
The BMC advocate Kunal Waghmare contended that the restaurant was using flame or burnt charcoal for the herbal hookah activity, which was endangering public safety and putting customers’ lives at risk. While refusing to stay the BMC notice, the HC said the restaurant has been rightly prevented from undertaking such activities. It noted that this was not a case of a pure hookah parlour, but was a case wherein licence has been granted for an eating house and this would not include.
BMC can't keep continuous vigil: HC
The bench further observed that the civic body and its commissioner were “not expected to keep a continuous vigil on the hookah trade/ activities of the petitioner, including her claim about its herbal ingredients”.
