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NCT Delhi - Section

Section 51 in The Delhi Excise Rules, 2010

51. Conditions dealing with licensed premises.

(1)No retail vend of Indian Liquor, Foreign Liquor or Country Liquor shall be located within one hundred meters from the following, namely: -
(a)major educational institutions;
(b)religious places;
(c)hospitals with fifty beds and above:
Provided that the condition mentioned in clause (c) above shall not apply for retail vend of liquor for consumption "on" the premises:Provided further that the condition of hundred meters shall apply for the licences granted after the commencement of these rules:Provided also that if any major educational institution, religious place or hospital with fifty beds or above comes in to existence subsequent to the establishment of the retail vend of Indian Liquor, Foreign Liquor or Country Liquor, the aforesaid distance restrictions shall not apply.Explanation I - For the purpose of clause (a) above major educational institutions would mean middle and higher secondary schools, colleges and other institutions of higher learning recognized by the Government.Explanation II - For the purpose of clause (b) above, a religious place would imply a religious place having a pucca structure with a covered area of more than 400 square feet.Explanation III- The measurement of distance shall be the shortest traversable distance, from the mid point of the actual main entrance/door of the premises proposed for licence to mid point of the actual main door/entrance of the building of the places mentioned in clauses (a) (b) and (c) above.
(2)The licensee shall not carry on any business connected with his licence, or store any liquor to be sold or otherwise deal with under his licence, except in the premises specified in his licence, hereinafter called the 'licensed premises'. The Excise Commissioner, may however, grant in an exceptional case, permission to store liquor at a place other than the licensed premises. This permission shall be granted on payment of an extra fee as prescribed and only in cases where it is impracticable to store the required stock in the licensed premises. Before the grant of permission, the Excise Commissioner shall satisfy himself that the proposed place is adequately guarded and that there is no means of access to it by the public.
(3)The licensed premises shall be established and maintained by the licensee at his own cost.
(4)No licensed premises for sale and storage of liquor shall be used for any other business, except with the permission of the Excise Commissioner. Persons or institutions holding more than one licence must have separate premises for their business. Separate accounts shall be maintained for sale conducted under such licences:Provided that this sub-rule, except the provision relating to maintenance of separate accounts for sale conducted under the liquor licence, shall not apply to departmental store holding licence in Form L-12.
(5)If a licensee holds a licence in Form L-16, L-16F in conjunction with a licence in Form L-15, L-15F, he shall not, in pursuance of the licence in Form L- 15, L-15F, sell any liquor after the hours fixed as the closing hours for the licence in Form L-16, L-16F in any part of the licensed premises to which persons not residents in the hotel are admitted or in any room or bar adjoining or opening into any room to which persons not residents in the hotel are admitted.
(6)Licensed premises shall be the premises owned or leased by the licensee, provided that where local conditions render it necessary, sites for liquor shops may be leased or bought for Government under the special orders of the Government in each case.
(7)Where the premises have been specially provided by the Government for any shop, the licensee shall be bound to carry on his business in those premises, and to pay to the Government, in addition to his licence fee, such rent for the premises as may be fixed by the Excise Commissioner.
(8)In the case of dining car licence in the Form of L-20 and L-20F the licensed premises are every dining car authorised by the railway administration and any other premises licensed shall be for the purpose of storage only.
(9)Retail licences for consumption "off" the premises shall be permitted at sites or premises, located in a pucca building, the land use of which is commercial approved and shall conform to the orders and instructions issued by the Excise Commissioner from time-to-time.
(10)Retail licences for consumption "on" the premises, shall be granted at a site, duly approved by the local authority concerned, provided that the following documents have been furnished, issued by the agencies concerned:
(a)Eating House Licence;
(b)Lodging House Licence in the case of L-15 only;
(c)Health and Trade Licence;
(d)Certificate by the Tourism Department, Government of Delhi, in the case of licences in Forms L-17, L-28 and L-29; or the one which fulfils the following conditions:
(i)that the building should be well constructed and the approach should be suitable for restaurant;
(ii)that there should be adequate arrangements for service to the customers;
(iii)that the restaurant should, at all times adhere to good maintenance and service. The rates should be fixed in accordance with the rules, if any, prescribed by the local authorities and submitted to the Excise Department for concurrence. The rates should be prominently displayed on the menu cards. These should also include VAT, service charges etc;
(a)certificate from the Tourism Department, Government of India in the case of licences in Forms L-15 and L-16;
(b)registration certificate under the Delhi Value Added Tax Act, 2004;
(c)site plan including the store room, area for the bar and the area for the service of liquor, prepared by registered architect;
(d)No objection Certificate from the Fire Department.
(e)[ Certificate from the Tourism Department, Government of India for grant of licence in Form L-15 and L-16 in case of hotels and Certificate from the Tourism Department, Government of National Capital Territory of Delhi for grant of licence in Form L-15 in case of guest houses.] [Inserted by Notification No. F.10(12)/Fin(Rev-I)/2010-11/DS 11/111, dated 21st March, 2011.]
(11)The licensed premises of all kinds of licences shall have adequate storage facility, proper electrical fittings and shall be duly insured against fire and other natural hazards. The licensee shall keep the premises thoroughly clean and dry and shall comply with the orders issued by the Deputy Commissioner for the removal of defects in the building.
(12)In case of Indian Liquor and Country Liquor vends, the licensed premises shall be used for the storage and sale of liquor as licensed and no other business shall be transacted from such premises, except with the approval of the Excise Commissioner.
(13)The licensee shall maintain conspicuously, above the main outer door of the licensed premises, a signboard exhibiting in conspicuous painted letters, his name, address and the class of licence held by him. The information shall be in Hindi, Urdu and Gurumukhi for country liquor and in Hindi, Urdu, Gurumukhi and English for Indian Liquor and Foreign Liquor Licence.
(14)The retail licensee for sale of liquor for consumption "off" the premises shall display at a conspicuous place in the licensed premises a list showing the retail price inclusive of VAT of each size of bottle of each brand of liquor on sale and the retail price, if any, fixed by the Excise Commissioner.
(15)Except during the licensed hours, the licensee shall permit no person except employees or members of his family to enter or remain on the licensed premises:Provided that this clause shall not apply to departmental stores holding licences in Form L-12.