3 hrs ago
Bombay High Court Orders Licence After Unsupported Law-Order Claim
A restaurant in Khar wanted permission to hold orchestra performances and live music.
Police officials had recommended the licence, but a senior licensing authority refused it.
The authority said live music might create law-and-order problems.
The restaurant challenged that decision in court.
The Bombay High Court said a general worry is not enough to deny a licence.
Officials must show facts or evidence supporting their concerns.
The court also noted that two criminal cases against the restaurant’s directors had already been quashed.
It cancelled the earlier refusals and ordered the licence to be issued within four weeks.
The Bombay High Court quashed the refusal of a live music licence for Magmus Bar and Restaurant in Khar.
The DCP had rejected the application over apprehensions of law-and-order problems and disturbance to social harmony.
The court said authorities must provide supporting material and specific reasons for such apprehensions.
A police site report described the premises as commercial, soundproof, accessible, and adequately supported by parking.
The licensing authority was directed to issue the performance licence within four weeks.
- Who
- The Bombay High Court, Magmus Bar and Restaurant, and Mumbai licensing authorities were involved.
- What
- The court quashed the refusal of a performance licence for orchestra and live music and ordered its issuance.
- Where
- The restaurant is located on S V Road in Khar, Mumbai.
- When
- Justice NJ Jamadar issued the decision on September 16, 2026; the licence application had been rejected on October 1, 2025, and the appeal on June 2.
- Why
- The court found that the authorities had not provided specific supporting material for their apprehension that live music would cause law-and-order problems.
Restaurant and Court
Licensing Authorities and State
Basis for denying the licence
Restaurant and Court
The restaurant argued that it had fulfilled all prescribed requirements and that the refusal lacked adequate justification.
Licensing Authorities and State
The authorities cited possible law-and-order problems, unruly patrons, increased traffic, neighbour complaints, altercations, and criminal cases involving the directors.
Evidence supporting the decision
Restaurant and Court
The restaurant relied on no-objection certificates and a police site report describing a commercial, soundproof premises with parking and no nearby sensitive institutions within 75 metres.
Licensing Authorities and State
The State argued that subordinate police reports were only recommendatory and did not bind the DCP.
Scope of official discretion
Restaurant and Court
The court held that discretion cannot be unbridled and that a general apprehension without supporting material is unreasonable and arbitrary.
Licensing Authorities and State
The authorities maintained that the competent licensing authority had discretion to assess public-order concerns.
Key facts
- Court
- Bombay High Court
- Judge
- Justice NJ Jamadar
- Establishment
- Magmus Bar and Restaurant, S V Road, Khar
- Original refusal
- The DCP (Headquarters-Hotel Branch) rejected the application on October 1, 2025.
- Appeal decision
- The Divisional Commissioner, Konkan, rejected the appeal on June 2.
- Court finding
- A bare assertion of possible law-and-order problems was insufficient without supporting material.
- Deadline
- The competent authority must issue the licence within four weeks.
Quotes
Justice NJ Jamadar
Bombay High Court judge who delivered the ruling
“A mere ipse dixit (bare assertion) of the competent authority that the grant of licence may lead to law and order problem, without anything more, cannot be sustained.”
freepressjournal.in
Sources
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