Pune: The state home department on Tuesday issued a government resolution (GR) formalising the 5am operating deadline for “orchestra” bars, hotels and restaurants on Christmas and New Year as an annual arrangement and fixing the responsibility for any untoward incidents or crimes during the extended hours on these establishments.The resolution, issued under Section 33 of the Maharashtra Police Act, stated that the decision was taken to avoid the annual time lag caused by repeated demands from establishments and delays in approvals at the government-level. With the order, the state has put in place a standing permission every year for operations till 5am on Christmas Eve, Christmas Day night and New Year’s Eve. A senior home department official said while the 5am deadline for December 24, 25 and 31 was announced earlier this season. “What is new is that this has now been allowed every year going forward for these dates,” he said. The GR also significantly tightened the accountability, stating that any law-and-order situation arising inside or outside an establishment during the extended hours would be the responsibility of the licence holder, making them liable for action. “The establishment owner should ensure that no law and order issues arise in the said place by deploying a sufficient number of private security guards inside and outside the establishment. If any inappropriate act/crime occurs inside or outside the establishment and causes a law and order problem, the entire responsibility will lie with the establishment’s owner. Accordingly, the establishment owner/licensee will be liable for action,” it stated.The order clarified that while operating hours had been extended, there was no relaxation on noise regulations. Establishments must strictly adhere to sound amplification laws and directions issued by the Supreme Court and high courts.“The GR has limited the scope of the relaxation and specifies that extended hours are permitted only for enclosed spaces/buildings. Open or open-air restaurants, terraces and outdoor venues are not covered under the permission,” the official said. Police have been directed to take appropriate precautions to ensure public peace, and law and order on the specified festive nights. A restaurant owner said, “This is the first time we’re seeing something like this. How can restaurants be made responsible for what people do outside the premises? If two customers get into an argument among themselves, or if something happens after they leave — say someone drives after drinking, bumps into someone or a fight breaks out between random people — how can that be our responsibility? Holding restaurants liable for incidents outside, which are completely beyond our control, is unfair. This is something we will raise with restaurant associations and take up at the state-level to clearly define what is our actual responsibility.”
