The Kerala High Court has set aside police notices restricting late-night DJ parties at a classified five-star hotel in Kadavanthra, Ernakulam, ruling that police cannot curtail the operating hours of a licensed bar hotel merely because of an apprehension that drugs may be used at such events.
Justice Murali Purushothaman issued the order on a petition filed by the hotel against notices issued by Kochi city police. The hotel argued that classified five-star establishments holding FL-3 licences were permitted to operate their bars until 3am, while the police had restricted DJ parties at the premises beyond 11pm.
The court held that the police notices were issued without jurisdiction and violated the licensee’s fundamental rights. It ruled that the hotel was entitled to operate for an additional three hours beyond the otherwise permissible closing time during the financial year 2026-27, except on the eve of a statutory dry day.
The court also said that, until the state government frames appropriate rules prescribing exceptions to the extended operating hours under the Foreign Liquor Rules, the police cannot restrict the hotel’s hours contrary to those rules. Such restrictions would require special grounds that are legally justified, it said.
The state government had opposed the petition. During the hearing, the Additional Advocate General said that 34 bars in Kochi city had conducted DJ parties. While submitting that the owners or operators were not involved in drug trafficking, the state argued that drugs were being sold and consumed by participants at some events. It also contended that drug suppliers and consumers could meet by booking tables at late-night parties, and that unregulated gatherings could lead to offences including assault and rioting.
The High Court said that if offences are committed, the police are responsible for taking stringent action against individuals involved in illegal activities, narcotics use or conduct that creates law-and-order problems. The court added, “Burn not your house to fright away the mice,” while rejecting blanket restrictions based only on apprehensions of drug use.
The ruling does not remove police powers under noise-control rules. The court clarified that if high-decibel music at DJ parties or other entertainment events violates night-time restrictions, police can issue preventive directions and prohibit, control or regulate the event or its continuation. The hotel’s licence therefore remains subject to reasonable noise regulations and action against specific violations.
The court further clarified that DJ parties are not prohibited per se. Licensed venues may conduct them within the operating hours allowed under the FL-3 licence, while police intervention must be based on noise violations, specific offences or other legally justifiable grounds. The petition was accordingly allowed.
