Lucknow, The Allahabad High Court on Tuesday ruled that restaurants, cafes and other public places cannot serve hookah to customers even in designated smoking areas, holding that such activity is prohibited under relevant tobacco product and smoking regulations.
The petitioners had sought permission for restaurants holding valid food establishment licences to serve hookah in designated smoking areas and had also sought protection from police interference in their business. The court also clarified that the Food Safety Department and municipal authorities have no power to issue separate licences for operating hookah bars. At the same time, police authorities have the power under COTPA to conduct searches, seize articles and take penal action to ensure compliance with the statutory restrictions. the court directed that a copy of its judgement be sent to the Uttar Pradesh chief secretary and director general of police for necessary compliance While dismissing all the petitions.
The court held that a designated smoking area is only a limited exception to the prohibition on smoking in public places and does not permit any service to be provided there under the Cigarettes and Other Tobacco Products Act, 2003 and the Prohibition of Smoking in Public Places Rules, 2008.
This makes it clear that preparing a hookah, filling it with tobacco, placing coal on it, delivering it to a customer or replacing the coal would all amount to providing a service, the court said.
