The Kerala High Court on Tuesday (November 10) set aside the police notices issued to the manager of Kochi Radisson Blu hotel, an FL-3 licensed 5-star bar hotel, restricting its operation beyond 12:00 am. [2026 LiveLaw (Ker) 619]

A detailed order is awaited.

Justice Murali Purushothaman held that the bar hotel is entitled to function till 3 a.m., three hours after permissible closing time of 12 a.m., in view of the amended Foreign Liquor Rules, 1953 and the permission granted by the Deputy Excise Commissioner. It was also held that police cannot curtail the operating hours permitted to the hotel as per the Rules unless there are special grounds justifying the same.

It was pronounced in open court:

"..the petitioner's hotel is entitled to function for an additional 3 hours after permissible closing time during the Financial Year 2026-27 except on the eve of statutory dry day. Until the government frames appropriate rules prescribing exception to the extended hours of operation permitted in the Foreign Liquor Rules, the police cannot curtail or restrict the operating hours of the hotel contrary to the provisions granted under those Rules in the absence of special grounds justifying such restrictions."

Petitioner's case

The petitioner had challenged the notices issued by the Assistant Commissioner of Police and the Police Inspector (Kadavanthara Police Station) restricting the functioning of the hotel bar till 12 a.m. and the DJ parties by 11 p.m. It was contended that the notices were illegal since the hotel had requisite permission and had paid Rs. 5 lakhs fees for extended functioning till 3 a.m.

It was submitted that there is no existence of provision restricting the DJ parties before or after the time fixed by the police. It was also pointed out that the discrimination based on large scale gathering after 11:00 p.m., but permitting till 11:00 p.m. have no rationale.

The petitioner argued that the actions of the police are in violation of the fundamental rights guaranteed by the Constitution of India under Article 19(1)(g).

Stand taken by the Kerala Police

The Kerala Police, on the other hand, had defended its decision to restrict late-night DJ programmes at hotels and entertainment venues, stating that the measures are necessary to maintain public order, prevent crime, and address growing concerns over narcotics use and violence associated with such events. It was argued that the extension permits only the lawful operation of the bar and service of liquor and meals, and does not confer an unrestricted right to conduct late-night DJ programmes or entertainment events.

The Police had further stated that the restrictions are aimed solely at regulating high-decibel DJ events and large late-night gatherings, rather than preventing the hotel from conducting its licensed business. It was also stated that the police have never interfered with the lawful sale of liquor or operation of the bar until 3 a.m., but only with entertainment activities extending beyond the prescribed time.

The Police had also pointed to repeated incidents of violence, drug offences and public disorder reported from the hotel during 2026. Reliance was placed on Sections 77, 78 and 79 of the Kerala Police Act, 2011, which empower police authorities to regulate noise, prevent violence and control public assemblies in the interest of maintaining public order and safety. It was further contended that the Excise Department's extension of bar operating hours does not override these statutory powers.

Court's observations

The Court found that mere possibility of criminal activities is not a justification for the police to curtail the extended operating hours of FL3-licensed hotels. It added that if the police have reason to believe that there is likelihood of criminal activities, including use of drugs, under the guise of DJ parties, the police can take stringent action as per law against the same:

"Mere possibility of criminal activities cannot, by itself, constitute sufficient justification for imposing restrictions under the Kerala Police Act on the extended operating hours of FL3 hotels permitted under the Foreign Liquor Amendment Rules. If the police have reason to believe that criminal activities including use of narcotic substances are taking place under the guise of DJ parties or other entertainment programmes in hotels, it is the responsibility of the police to take stringent action in accordance with law to curb the same."

The Court further added that a notification issued under Section 79 of the Kerala Police Act can only remain in force for a period not exceeding 15 days from the date of culmination and the same cannot be permanent in nature. Moreover, it is for the government to extend the period of validity of the notification issued under Section 79.

It also opined that when DJ parties or other entertainment events violate the ambient noise standards prescribed under law, the Police Commissioner can issue preventive directions to regulate the noise pollution as per law.

"Where high decibel music played at DJ parties or other entertainment events involving sound-producing instruments results in violation of restrictions applicable during night time, except in circumstances expressly exempted under Rule 5(2) of the Noise Pollution Rules, or the where the prescribed ambient noise standards of the area are violated, the Police Commissioner is empowered to issue preventive directions under Section 77 of the Kerala Police Act or Rule 8 of the Noise Pollution Rules to prohibit, control or regulate the occurrence or continuance of the noise pollution subject to compliance with procedure contemplated thereunder," the Court said.

The Court, thus, disposed of the writ petition.

Counsel for the petitioner: Anand Kalayankrishnan, S. Rajeev, C. Dheeraj Rajan, V. Vinay, M.S. Aneer, Libin Varghese

Counsel for respondents: P.A Mohammed Shah - Additional Advocate General

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