Clearing the smoke, SC lifts BMC ban on hookah parlours
Bringing relief to owners of 400 such city establishments, apex court bench observed that the Cigarettes Act already covered sale of tobacco products to minors.
Lifting the three-year-old BMC ban on over 400 hookah parlours in the city, the Supreme Court on Monday ruled that the civic body’s ban was illegal as two stipulations in the Cigarettes Act already deal with sale of tobacco products to minors and near educational institutions.
In 2011, BMC had imposed a band on hookah parlours, which had become very popular in the early 2000s, via a circular that stated no Eating House Licenses could be issued if the eating houses provided tobacco or tobaccorelated products in any form like cigarettes, cigars, bidis or with the aid of a pipe, wrapper or any other instrument on the licensed premises. It also said licenses issued to such establishments would be cancelled.
The SC division bench comprising Justices Ranjan Gogoi and R F Nariman did away with both conditions, observing that BMC’s additional ban through this circular was illegal.
Farhan Azmi, proprietor of Koyla, one of the oldest hookah parlours in the city, said the order was welcome despite the delay. “The conditions imposed in that circular were never legal in the first place. We will be starting a whole new range of hookah flavours very soon. The hookah business was killing bars and the cigarette industry, which is why actively lobbied for the ban,” said Azmi.
Riyaaz Amlani, who owns hookah parlour chain Mocha, said the ban had done enough damage to their business as many outlets, including the popular Churchgate one, had to be shut down. “There were more than 400 hookah parlours in the city, most of which had to shut down. It’s funny, because cigarettes contain nicotine and are far more harmful compared to hookahs are not banned. Hookahs are made from fruit molasses and use minimal tobacco,” said Amlani.
Lifting the three-year-old BMC ban on over 400 hookah parlours in the city, the Supreme Court on Monday ruled that the civic body’s ban was illegal as two stipulations in the Cigarettes Act already deal with sale of tobacco products to minors and near educational institutions.
In 2011, BMC had imposed a band on hookah parlours, which had become very popular in the early 2000s, via a circular that stated no Eating House Licenses could be issued if the eating houses provided tobacco or tobaccorelated products in any form like cigarettes, cigars, bidis or with the aid of a pipe, wrapper or any other instrument on the licensed premises. It also said licenses issued to such establishments would be cancelled.
Another condition in the ban said owner, proprietor, manager, supervisor in charge of the eating house shall notify and display prominently the name of persons to whom a complaint may be made if someone is caught smoking hookah.
The SC division bench comprising Justices Ranjan Gogoi and R F Nariman did away with both conditions, observing that BMC’s additional ban through this circular was illegal.
Farhan Azmi, proprietor of Koyla, one of the oldest hookah parlours in the city, said the order was welcome despite the delay. “The conditions imposed in that circular were never legal in the first place. We will be starting a whole new range of hookah flavours very soon. The hookah business was killing bars and the cigarette industry, which is why actively lobbied for the ban,” said Azmi.
Riyaaz Amlani, who owns hookah parlour chain Mocha, said the ban had done enough damage to their business as many outlets, including the popular Churchgate one, had to be shut down. “There were more than 400 hookah parlours in the city, most of which had to shut down. It’s funny, because cigarettes contain nicotine and are far more harmful compared to hookahs are not banned. Hookahs are made from fruit molasses and use minimal tobacco,” said Amlani.
