Chandigarh: Excise notice to liquor vend running in residential units

Chandigarh, April 3

Excise and Taxation Department has served a notice on a liquor contractor who is running a retail liquor vend by merging two residential units at Mauli Jagran.

What policy norms say

As per clause No. 22 of the Excise Policy 2023-24, licences are granted for SCO/SC/shop/booth, etc in sectors, industrial areas, NAC, rehabilitation colonies. Licencees are to ensure that no vend be opened in residential dwelling units, non-commercial premises/spaces, resumed/nonconforming properties.

Previous contractor granted stay

During Excise Policy 2022-23, the CHB had issued show-cause notices for cancellation of the dwelling units. However, then licencee, M/s Pawan Kumar, had filed a petition in the Punjab and Haryana High Court and stay on shifting of the vend was granted on October 29, 2022. The next date in the case was fixed for April 27.

In the notice served on M/s AK Enterprises yesterday, the department stated that: “For 2023-24, you are a successful bidder for vend code 84 at Mauli Jagran. During site verification of the newly allotted liquor vends, it has been noticed that you have opened a retail sale liquor vend at dwelling units 1880 and 1881, Mauli Jagran, which is not conforming to the provisions of the Excise Policy 2023-24 and the Act/Rules framed thereunder.”

As per clause No. 22 of the Excise Policy 2023-24, the licences will be granted at the locations notified in the Excise Policy. These licences will be granted in SCO/SC/shop/booth, etc in sectors, industrial areas, NAC, rehabilitation colonies. Licencees are to ensure that no vend be opened in residential dwelling unit, non-commercial premises/spaces, resumed/nonconforming properties. The department will not be responsible for providing space for liquor vends.

“For not confirming to the provisions of the Excise Policy, you are also clarified that the retail sale liquor vend licence will not be granted at the said location. Hence, you are hereby directed to shift your retail sale liquor vend immediately from the current location to another appropriate location as per Excise Policy 2023-24,” stated the department, adding that the new location must comply with the provisions of the Excise Policy and its guidelines.

According to the policy, in case a successful bidder fails to arrange suitable/eligible premises within 30 days from the date of allotment, 15% bid money paid by him as security will be forfeited and the e-bids invited again for the said licence after re-fixing the reserve price for the remainder period of the licence.

During Excise Policy 2022-23, the Chandigarh Housing Board (CHB) had issued show-cause notices for cancellation of dwelling units 1880 and 1881 at Mauli Jagran for different violations, including using premises for commercial purpose for operating an English, wine and beer shop whereas the dwelling units are for residential purpose only. Thereafter, the department directed the retail sale licencee, M/s Pawan Kumar, to shift his vend premises. However, the licencee filed a petition in the Punjab and Haryana High Court and the stay on the directions to shift the vend was granted on October 29, 2022, and next date fixed for April 27.