Bombay High Court: Hotel Food Licence Restored After 95% Compliance

• The Bombay High Court restored a hotel's food business licence after fresh inspections showed 95% compliance with food safety standards.
• The court ruled that continued licence suspension was no longer justified, given the high level of compliance achieved by the hotel.
• This decision sets a precedent for future food safety regulatory actions in India and may influence the interpretation of Section 32(3) of the Food Safety and Standards Act, 2006.

The court then restored the licence, ruling that continued suspension was no longer justified.

A hotel's food business licence was suspended under the proviso to Section 32(3) of the Food Safety and Standards Act, 2006. The Bombay High Court intervened, ordering fresh inspections to assess the hotel's compliance with food safety standards. These inspections revealed that the hotel had achieved 95% compliance, earning a 'Compliance/Satisfactory' grade. The court then restored the licence, ruling that continued suspension was no longer justified.

The case highlights the importance of regular food business inspections in India. Under Section 32(3) of the Food Safety and Standards Act, 2006, authorities can suspend licences if establishments fail to meet safety standards. However, this provision also allows for licence restoration if compliance is demonstrated. The Bombay High Court's decision underscores the need for a balanced approach between regulatory enforcement and business operation.

The Bombay High Court's ruling sets a precedent for future food safety regulatory actions in India. Compliance officers should review their establishments' inspection records to ensure they meet the required standards. Lawyers will also be watching this case closely, as it may influence the interpretation of Section 32(3) and other provisions related to food business licence suspension.

Lawyers should watch for this precedent, which may influence future food safety regulatory actions in India. Compliance officers should review their establishments' inspection records to ensure they meet the required standards.

Source: Original reporting via SCC Times