Karnataka High Court
Rama Recreation Association vs Commissioner Of Police on 11 October, 1993
Equivalent citations: ILR1993KAR3357, 1993(4)KARLJ542
ORDER, 1962 - Club engaged in recreational activities, restricted to members: Licensing order not attracted. Held: A Club is a place to which only its members are permitted to engage in any diversion or recreational activities etc. The members of the public are not entitled to demand any entrance either freely or on payment of any sum. The entry to the Club is restricted by the terms of the bye-laws and it is a well known fact that it is always restricted to its members. Therefore, such an Association cannot be compelled to obtain a licence under the Licencing Order. ORDER Shivashankar Bhat, J.
1. The question is whether the activities of a club or the activities of an Association popularly referred as a club require licensing under the provisions of the Karnataka Police Act. The petitioner which is a registered Society is formed by its members for playing games of recreation like carrom, chess, rummy, etc. The members of the public are not allowed as a matter of right or on payment to participate in the games. The recreational activities referred above are confined to the members of the club. The petitioner asserts that the respondents have been interfering with their activities frequently and have been Insisting that a licence is necessary under the relevant Licencing Order issued under the Karnataka Police Act. The respondents rely on the provisions of the Karnataka Public Amusement Licensing Order issued under the provisions of the aforesaid Act.
2. The licensing of any place under the said Order is required only when it is a place of public amusement or it is a place of public entertainment. These are defined under Sections 2(14) and 2(15) of the Act. They read as follows:
"2(14): 'place of public amusement' means any place where music, singing, dancing, or any diversion, or game, or the means of carrying on the same is provided and to which the public are admitted and includes a race course, circus, theatre, music hall, billiard room, beagattelle room, gymnasium, fencing school, swimming pool or dancing hall;
2(15): 'place of public entertainment' means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning or having an interest in or managing such place and includes a refreshment room, eating house, coffee house, liquor house, boarding house, lodging house, hotel, tavern, or a shop where wine, beer, spirit, arrack, toddy, ganja or other kind of liquor or intoxicant or any kind of food or drink is supplied to the public for consumption in or near such shop;"
3. In a Club, there may be any diversion or game but that by itself will not convert the place into the place of public amusement. If, at such a place music, singing, dancing or any diversion or game or means of carrying on the same is provided to which the public are admitted, only then it will be a place of amusement. Similarly, regarding the place of public entertainment there should be a provision to admit the public, where food or drink is supplied for consumption. A Club is a place to which only its members are permitted to engage in any diversion or recreational activities etc. The members of the public are not entitled to demand any entrance either freely or on payment of any sum. The entry to the Club is restricted by the terms of the bye-laws and it is a well-known fact that it is always restricted to its members. Therefore, such an Association as that of the petitioner, cannot be compelled to obtain a licence under the Licensing Order. Consequently, respondents are directed not to interfere with the lawful activities of the petitioner-Association. However, it is open to the police to verify and find out the nature of the activities, so that the Club premises may not be used for any illegal activities.
Writ Petition is allowed accordingly.