Liquor shops should be 100 metres away from schools, religious places:CA

• The Court of Appeal held that the Commissioner General of Excise Department had not violated any procedure in arriving at a decision to close that Foreign Liquor Shop

By Lakmal Sooriyagoda   

The Court of Appeal yesterday held that the location of a liquor shop premises for operation of such license should be 100 meters away from any school and places of public religious worship.   

Court of Appeal Justices Dhammika Ganepola and Justice Sobhitha Rajakaruna made these observations while pronouncing their judgement regarding a writ petition filed by a businessman who holds a licence in respect of the Foreign Liquor Shop at Wattegama Road, Polgolla. He had challenged the decision of the Commissioner General of Excise Department to close the liquor shop and the decision to suspend the licence.   

Accordingly, the Court of Appeal held that the Commissioner General of Excise Department had not violated any procedure in arriving at a decision to close that Foreign Liquor Shop due to the proximity of the particular liquor shop towards two schools and the places of worship.   

Petitioner D.L.P.B. Pathirannehe states that there had been no allegations whatsoever by Respondents that the Petitioner had acted in violation of laws, rules, regulations or conditions in respect of the licence.   

However, the Commissioner General of Excise Department has informed that an impediment would be caused, by operating the said liquor shop, to maintain the law and order in the area and eventually provisions of Excise Law and conditions have been violated. He further said there had been several complaints made by various civil societies and clergy complaining of the proximity of the particular liquor shop towards two schools and the places of worship. 

 
The Court of Appeal observed that, in terms of the Rule No. 20(c) of the Excise Notification No. 902 (published in the Extraordinary Gazette No.1544/17 dated 10.04.2008), the authorities are required to consider the operational location of such premises in issuance and continuance of a license for liquor shop.   

“Accordingly, the location of such premises for operation of such licence should be 100 metres away from any school and places of public religious worship”, the Court of Appeal observed.   

President’s Counsel Romesh de Silva with Counsel Ananda Silva and Niran Ankatel appeared for the petitioner. Senior State Counsel Manohara Jayasinghe with State Counsel R. Aluvihare appeared for the respondents.