VidhiSangh

Supreme Court of India · 25/01/2018

KARNATAKA LIVE BAND RESTAURANTS ASSOCIATION versus STATE OF KARNATAKA & ORS.

[2018] 1 S.C.R. 533 · 2018 INSC 58

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Summary

The Supreme Court upheld Bengaluru’s 2005 licensing order regulating live bands, cabaret and discotheques in restaurants. It rested on statutory power over public entertainment and imposed reasonable public-safety restrictions without the alleged unconstitutional discrimination. The earlier decision concerning the 1989 public-amusement order did not invalidate this distinct regime. Police were directed to enforce conditions, allow reasonable time for unlicensed operators to apply, and address noise and fire safety. Closure for continued non-compliance required notice.

Issues

  1. Whether the 2005 entertainment licensing regime exceeded statutory authority or violated Articles 14 and 19(1)(g).
  2. What enforcement and safety directions were required.

Provisions considered

Held

Result

Appeal dismissed subject to enforcement directions. 2005 order upheld; compliance verification, reasonable application time, notice before closure, noise control and expert-guided fire-safety measures directed.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 533.