HC says mere fear of crime no ground to restrict late-night DJ parties
THE Kerala High Court on Tuesday ruled that the police cannot impose their own time limits on DJ parties at hotels holding valid liquor licences that permit them to operate beyond normal closing hours.
Setting aside notices issued to Kochi's Radisson Blu hotel, Justice M. Purushothaman held that the police cannot curtail the extended operating hours granted to an FL-3 licenced hotel by the Excise Department, unless there are special grounds for doing so.
The hotel is entitled to operate till 3 a.m. during the financial year 2026-27, except on the eve of a statutory dry day, under the extended permission granted by the Excise Department.
The court said the mere possibility of criminal activities at such events was not enough to justify restrictions under the Kerala Police Act.
The hotel had approached the court challenging police notices restricting its bar operations to midnight and DJ programmes to 11 p.m.
It had paid Rs 5 lakh for permission to operate till 3 a.m. under the amended Foreign Liquor Rules.
The police had defended the restrictions, citing a rise in late night entertainment venues and concerns over drug use, violence and offences against women.
An affidavit by the Kochi Police Commissioner referred to criminal cases linked to DJ events.
The police maintained that the extended liquor licence did not give hotels an unrestricted right to conduct late night entertainment programmes.
They said the restrictions were aimed at controlling large gatherings and high decibel music, and not the sale of liquor.
Rejecting the blanket restrictions, the court said the police must take action under the law if they have reason to believe that drugs or other criminal activities are taking place under the cover of DJ parties.
However, the court clarified that the police can act against noise pollution.
The Police Commissioner can issue preventive directions if DJ music violates prescribed night time noise limits or ambient noise standards.
The ruling thus distinguishes between the licenced operating hours of a hotel and the police powers to deal with crime and noise violations.
