The Bombay High Court on Monday told the state government that it cannot discriminate between pubs in five-star hotels and regular restaurants and bars by permitting the former to close later. Justice P B Majmudar and Justice R M Sawant sought the governments reply regarding its policy for different working hours for hotels and bars. The state government should have a policy decision which is consistent for every hotel and restaurant. It should not be a case specific decision. You (state) cannot keep five-star hotels on one side and others on a different side, the court said. Shaheen Rafique Khan,owner of restaurant and retro-bar Food Culture in Andheri had moved the court alleging that the police were thwarting their business by refusing to grant them permission to continue their service till 3 am. According to the petitioner,since April,police have been harassing them and forcing them to shut by 1.30 am claiming they do not have the necessary licence and permission. Her counsel Ashutosh Kumbhakoni told the court while they were permitted to run their business till 3 am under the Bombay Shops and Establishments Act,1948,the police had asked them to stop serving food and drinks after 1.30 am. If five-star and four-star hotels are allowed to run their business till 3 am,then why not other hotels,Kumbhakoni argued. The court has asked the state to mention in an affidavit whether or not it proposes to float a common policy with regard to business hours of hotels and restaurants. The case will be heard further on October 3.
