Allahabad High Court: Bars Hookah in UP Restaurants

• The Allahabad High Court has banned all hookah services in restaurants across Uttar Pradesh.
• The ruling states that offering hookah violates the Cigarettes and Other Tobacco Products (COTPA) Act and Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008, as amended in 2017.
• The court clarified that hookah service is absolutely impermissible, even within designated smoking areas.
• Food safety departments and municipal corporations lack the authority to license or regulate hookah bars in restaurants.
• Police are fully empowered to search, seize, confiscate, and penalize establishments for non-compliance with the COTPA Act.

Compliance officers for hospitality businesses in Uttar Pradesh must immediately cease all hookah services, even in designated smoking areas, to avoid police action and penalties under the COTPA Act.

The Allahabad High Court has issued a definitive ruling, prohibiting restaurants across Uttar Pradesh from offering hookah services. This decision, handed down on Tuesday by a division bench comprising Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary, establishes that the operation of hookah bars by eateries directly contravenes the provisions of the Cigarettes and Other Tobacco Products (COTPA) Act.

The court's pronouncement came in response to a petition filed by various restaurant owners who sought relief from police intervention regarding their hookah bar operations. The bench explicitly stated that providing hookah services within Uttar Pradesh restaurants constitutes a flagrant violation of Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008, particularly as amended in 2017, and runs counter to the fundamental objectives of the COTPA Act. This ruling effectively implements a comprehensive Uttar Pradesh hookah ban in all restaurant establishments.

Central to the High Court's decision is the interpretation of the COTPA Act and its associated regulations. The court highlighted that the 2017 amendment to Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008, imposes an absolute and unqualified prohibition on all forms of service within designated smoking areas. This means that no exceptions are permitted for any type of service, including food or beverages, within these zones.

Consequently, the provision of hookah is deemed entirely impermissible, even in areas specifically set aside for smoking. The court underscored that the operation of hookah bars and the rendering of hookah services by restaurants in Uttar Pradesh are in direct contravention of both the letter and spirit of the COTPA Act, which aims to regulate tobacco product usage and protect public health under India public health law.

The Allahabad High Court clarified the distinct roles of various governmental bodies concerning the Uttar Pradesh hookah ban. It explicitly stated that neither the food safety department nor municipal corporations possess the authority to regulate or issue licenses for hookah smoking in restaurants or for the establishment of hookah bars. This absence of licensing power further solidifies the illegality of such operations.

The ruling, however, unequivocally affirmed the extensive powers of the police in enforcing the COTPA Act. Law enforcement agencies are fully empowered to conduct searches, seize equipment, confiscate materials, and impose penalties on establishments found to be in violation of the Act's mandates. This grants the police a crucial role in ensuring compliance with the prohibition on COTPA Act hookah restaurants, reinforcing the immediate need for hospitality businesses to cease all hookah services.

This judgment carries significant implications for the hospitality sector across Uttar Pradesh. Restaurant owners and operators must immediately cease all hookah services, irrespective of whether they were previously offered in designated smoking areas. The court's clear stance leaves no room for ambiguity, emphasizing that the 'service' of hookah is absolutely impermissible.

Compliance officers for hospitality businesses in Uttar Pradesh must immediately cease all hookah services, even in designated smoking areas, to avoid police action and penalties under the COTPA Act. This ruling serves as a critical directive for restaurant licensing India, signaling a stricter enforcement environment for tobacco regulations. Lawyers should advise clients in the restaurant sector on the absolute prohibition and the enforcement powers of the police, ensuring they understand the potential legal ramifications of non-compliance.

Compliance officers for hospitality businesses in Uttar Pradesh must immediately cease all hookah services, even in designated smoking areas, to avoid police action and penalties under the COTPA Act. Lawyers should advise clients in the restaurant sector on the absolute prohibition and the enforcement powers of the police.

Source: Original reporting via Times of India