HP tweaks law to beat liquor ban

The Himachal Pradesh government has brought an ordinance to modify the state’s excise act to enable hotels, restaurants and bars near highways to serve alcohol, days after the neighbouring state of Punjab took the amendment route to bypass the Supreme Court’s 2016 order to shut down all liquor shops along state and national highways.

The Congress government in the hill state added a new section, 23A, in the Excise Act, 2011, to change the definition of sale of liquor to service in case of hotels, restaurant, clubs and similar notified places even if they fall within the 220m distance from the edge of the national highway.

Meanwhile, the Supreme Court said on Tuesday there was nothing wrong in denotifying highways within a city.

The Himachal ordinance to amend the excise act was signed by governor Acharya Devvrat on June 30 and the department of excise and taxation issued a notification on the same day. The amendment came into force on July 1.

There was, however, no relaxation in the ban on the sale of liquor by stores along highways.

“Sale of liquor shall be permitted only through licensed liquor vends which shall not be located within distance of 220 or 500 metres from the outer edge of national and state highways…” the amendment read.

“Notwithstanding anything contained in any judgment or order of a court, every hotel, club, restaurant or any notified place having a license shall be entitled to engage in the service and supply of liquor within its premises … irrespective of whether such places are located on or near any state or national highway,” it added.

Excise and taxation commissioner Pushpendra Rajput, who is also the principal secretary to the governor said, “The act has been notified.”