The Maharashtra Home Department has taken a significant step to end annual uncertainty for nightlife establishments during the festive season. On Tuesday, it issued a Government Resolution (GR) that formalises the 5 am operating deadline for orchestra bars, hotels, and restaurants on Christmas and New Year as a permanent annual arrangement.
Standing Permission to End Annual Delays
The resolution, enacted under Section 33 of the Maharashtra Police Act, aims to eliminate the yearly time lag caused by repeated requests from establishments and subsequent delays in government approvals. A senior home department official clarified that while the 5 am deadline for December 24, 25, and 31 was announced earlier this season, the new GR makes this a standing permission for future years. "What is new is that this has now been allowed every year going forward for these dates," the official stated.
This move provides clarity and consistency for business owners, allowing them to plan their festive operations well in advance without awaiting last-minute government nods.
Strict Accountability and Noise Rules Remain
However, the GR comes with significantly tightened accountability measures. It places the full responsibility for any law-and-order situation during the extended hours squarely on the licence holder. The order explicitly states that any inappropriate act or crime occurring inside or outside the establishment, leading to a public order problem, will be the owner's liability.
Establishments are mandated to deploy a sufficient number of private security guards both inside and outside their premises to prevent issues. "Accordingly, the establishment owner/licensee will be liable for action," the GR warns.
Furthermore, the order makes it clear that while operating hours are extended, noise regulations are not relaxed. All venues must strictly adhere to sound amplification laws and directives issued by the Supreme Court and various High Courts.
Restrictions and Industry Backlash
The relaxation has specific limitations. The official pointed out that extended hours are permitted only for enclosed spaces or buildings. Open-air restaurants, terraces, and outdoor venues are explicitly excluded from this permission.
Police authorities have been directed to take appropriate precautions to ensure public peace on these specified festive nights.
This shift in responsibility has sparked concern within the hospitality industry. A Pune-based restaurant owner expressed strong reservations, questioning the fairness of the new rule. "This is the first time we're seeing something like this. How can restaurants be made responsible for what people do outside the premises?" he asked.
He elaborated on potential scenarios: "If two customers argue, or if something happens after they leave—like a drunk driving incident or a fight between random people—how can that be our responsibility? Holding us liable for incidents outside our control is unfair." The owner indicated that this issue would be raised with restaurant associations and taken up at the state level to seek a clearer definition of the establishment's actual responsibility.
The GR represents the state government's attempt to balance festive celebrations with public order, creating a fixed framework for future years while imposing stricter consequences on business owners to maintain safety.
