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Practice · Banking, Employment and Regulatory

Restaurants, bars and pubs

Licensing, compliance and enforcement for restaurants, bars, pubs and other hospitality operators in Bengaluru, including suspension, cancellation, appeals and prosecutions.

In the Banking, Employment and Regulatory group.

Reviewed

A restaurant, bar or pub in Bengaluru does not run on one licence. It runs on several, issued by different authorities under different Acts, each with its own conditions, renewal date and enforcement officers. A lapse in any one of them can end in a closure notice, a seizure or a prosecution, whatever the state of the others. What follows sets out what each licence is for, who issues it, and where a dispute goes. Civil disputes with landlords and suppliers are on the Civil disputes page, and staff questions are on the Employment page.

Excise licensing

Liquor is a State subject. In Karnataka its manufacture, sale and service are controlled by the Karnataka Excise Act, 1965 and the rules made under it, administered by the Excise Department. A bar, a pub or a restaurant that serves liquor needs a licence in the class that fits its business, and the classes are lettered and numbered in the rules. They separate, for example, retail sale for consumption off the premises, sale for consumption on the premises in a bar and restaurant, hotels, clubs and brewing on the premises. The rules and the licence fix the permitted area, hours, the stock that can be held, the records to be kept and the persons who may be employed. The class, fee and conditions are changed by notification and in the annual excise policy, . A licence is for a term, usually the excise year, and renewal is not a right.

Food safety licensing

The Food Safety and Standards Act, 2006 requires every food business operator to hold a licence or registration. Section 31 bars carrying on a food business without one, and section 63 punishes doing so with imprisonment of up to six months and a fine of up to INR 5 lakh. The Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 decide whether a small business registers or a larger one takes a State or Central licence, according to its size and kind. The licence number is displayed on the premises. Food safety officers can inspect, take samples and seize unsafe food. They can also serve an improvement notice under section 32, and failure to comply can lead to suspension or cancellation of the licence. Penalties for lesser failings are decided by an Adjudicating Officer. An appeal against an improvement notice, or a suspension or cancellation, lies to the Commissioner of Food Safety within fifteen days, and the Commissioner's decision is final (section 32(4) and (5)). A refusal of a licence is appealed to the Commissioner under section 31(8). An order of the Adjudicating Officer is appealed to the Food Safety Appellate Tribunal (section 70). Serious cases of unsafe food are prosecuted before a court.

Trade licence in Bengaluru

A trade licence for the premises was issued by the Bruhat Bengaluru Mahanagara Palike until the Greater Bengaluru Governance Act, 2024 replaced it with the Greater Bengaluru Authority and five city corporations, Bengaluru Central, North, South, East and West, notified on 2 September 2025. The trade licence now comes from the city corporation in whose area the premises stand. Zoning, the building's use and the licence conditions are checked on application and on inspection.

Police licences and the police

In Bengaluru the Commissioner of Police and the station officers exercise powers under the Karnataka Police Act, 1963 and orders made under it. These cover the licensing of eating houses and places of public entertainment, closing hours, live music and dance events, crowd limits and public order. Special events such as a ticketed night or a performance usually need a permission of their own. Police can inspect, issue notices to close and register offences. An order to close must rest on a provision that authorises it, and one that does not is open to challenge before the High Court.

Fire safety clearance

Premises that seat or receive the public need clearance from the Karnataka State Fire and Emergency Services under the State's fire services legislation and the fire provisions of the National Building Code. The clearance depends on the building's height, area, exits, extinguishing equipment, kitchen installations and occupancy. Rooftop and mezzanine seating and extensions are a common source of dispute, because a use that was not shown in the clearance is treated as a breach. Clearance is renewed and may be withdrawn after an inspection.

Music, performance and noise

Playing recorded music, or having a band or disc jockey perform, in a restaurant or a pub uses works in which copyright subsists under the Copyright Act, 1957. Public performance of a work needs the permission of the owner, given by licence under section 30, and the licence is granted by the owner directly or through a copyright society registered under section 33. An operator who plays music without one can face a civil suit for infringement and a complaint under section 63, which carries imprisonment of not less than six months and up to three years for knowing infringement. The licence for the underlying musical and literary works is separate from the licence for the sound recording, and both are separate from the entertainment permission of the police.

Noise is controlled by the Noise Pollution (Regulation and Control) Rules, 2000, made under the Environment (Protection) Act, 1986. The Rules set ambient noise standards by zone, with lower limits at night, and restrict the use of loudspeakers and public address systems between 10 p.m. and 6 a.m., except in closed premises for communication within them, or as the State permits. Complaints are made to the police and to the Karnataka State Pollution Control Board, and nuisance can also be pursued as public nuisance under the Bharatiya Nyaya Sanhita, 2023 (section 292, formerly section 290 of the Indian Penal Code).

Suspension, cancellation and appeals

Each authority has its own power to suspend or cancel. The Excise Department can act for breach of the Act, rules or conditions, with an appeal to the superior excise officer and a revision to the Government in the manner the Act provides. The Commissioner of Food Safety acts after an improvement notice. The civic body and the fire services act through notices. The common requirement is that an order depriving an operator of a livelihood be passed on notice, with reasons and a chance to reply, and an order made without that can be challenged under Article 226 of the Constitution before the Karnataka High Court. A writ is not usually entertained where an appeal exists unless the order is without jurisdiction or contrary to natural justice, so the appeal route is considered first.

Prosecutions

A raid or inspection can lead to a case before a Magistrate. Adulterated food is dealt with under sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 (formerly sections 272 and 273 of the Indian Penal Code), alongside the Food Safety and Standards Act. Excise offences are tried under the Karnataka Excise Act. In each, the stages are the report or complaint, cognizance, framing of charge, trial and sentence, and the Act may permit compounding of some offences by payment. The company, its directors and the person in charge of the premises can each be named, and the Acts have provisions on who is responsible. A petition under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 482 of the Code of Criminal Procedure) asks the High Court to quash a proceeding that is an abuse of process.

What this covers

Excise licensing
Licences for the sale and service of liquor under the Karnataka Excise Act, 1965 and the rules made under it, and conditions on hours, premises and stock.
Food safety licensing
Licence or registration of a food business under the Food Safety and Standards Act, 2006, and inspection, improvement notices and adjudication.
Local and police licences
Trade licence from the civic authority in Bengaluru and the police licences that regulate eating houses and public entertainment.
Fire safety clearance
Clearance from the fire and emergency services for premises that seat the public, and the conditions that attach to it.
Music and noise
Licences for playing and performing copyright music, and the noise rules that apply to restaurants, bars and pubs.
Suspension, cancellation and prosecution
Departmental appeals, writ petitions and the defence of prosecutions arising from inspections, raids and complaints.

Reference

Statutes and instruments

Each instrument links to its page, which lists where else this site relies on it.

Forums

  • Excise Department and its appellate officers
  • Commissioner of Food Safety and Adjudicating Officer
  • Food Safety Appellate Tribunal
  • Magistrate courts
  • High Court of Karnataka

Which of these each office reaches is on the office pages: Bengaluru, Mumbai and New Delhi.

Notes

All notes on Restaurants, bars and pubs