BENGALURU: If you are under 18 years and want to go pub hoping in the city , you freely can.
At nightspots such as Church Street, MG Road, Brigade Road, Indiranagar and Koramangala, it's not uncommon to see `minors' entering bars without anyone asking them for proof of age, as required under law.
The legal age for drinking in Bengaluru is 18 or 21, depending on which excise department official you ask.
Victor Sagayaraj, who waits tables at a popular pub on Church Street, said many youngsters drop in for a drink unchecked. “We have not been instructed to check their ID cards or ages. The numbers have gone up since the summer vacations started,“ he said.
Excise Commissioner Umashan kar SR had said last year that his department would conduct raids and suspend the licences of bars and pubs found serving liquor to minors. By his own admission, that hasn't happened.
“We have not yet conducted any raids or filed any cases against bar and pub owners,“ he told ET recently. “We will be doing that soon“ and the licences of offenders will be cancelled, he said.
As per a recent amendment to the Juvenile Justice Bill 2015, sale of liquor to minors is a criminal offence punishable with a seven-year jail term. Last year, Member of Parliament Rajeev Chandrashekar had written to Chief Minister Siddaramaiah about some upscale pubs and bars in the central business district serving liquor to schoolchildren.
Based on that, the government issued a warning in July 2015. Riyaz Amlani, who also heads the National Restaurant Association of India, insisted that pubs and bars affiliated to the association prominently display sign boards stating that liquor will not be served to those under 21years age.
That age limit, which Amlani said was high, is the result of a lack of clarity within the excise department.
“It will be good if the state government lowers the age cap,“ said Amlani, chief executive of Impresario Entertainment & Hospitality that owns several pubs and restaurants in city including Social and Smokehouse Deli.
Well, the excise commissioner says the age cap is 18 years.
WHAT AGE IS LEGAL? Meanwhile, there is confusion within the excise department on the legal age for drinking in Bengaluru.
The excise commissioner says it is 18 and the deputy commissioner of excise (legal) says it is 21.
Commissioner Umashankar SR said the department last year raised the drinking age from 18 years to 21 under the Karnataka Excise Licenses (General Conditions) Rules, 1967 through a circular but the change does not reflect yet in the Karnataka Excise Department Act, 1965.
“We had instructed to all the bar and pub owners not to allow children below the age of 21 but till an amendment (is carried out to the Excise Department Act), the age remains 18,“ he said.
Chandrashekar N, deputy commissioner of excise (legal), however, insisted that the legal age for drinking is 21 in Karnataka, citing the circular that was issued last year to restaurants and pubs in the city .
KV Dhananjay, a Supreme Court advocate, said the Karnataka Excise Department Act of 1965 is the parent law in Karnataka and it says that persons under 18 years should not be served alcohol. The Karnataka Excise Licenses Rules, 1967 is a subsidiary law that should remain faithful to the parent law but does not, he said.
“These rules which were made by the executive state that the minimum (drinking) age will be 21years of age. This enhancement is illegal. Such an enhancement can only be made by the legislature and it was never called upon to do so.“
I'm an expert in legal matters related to the sale and consumption of alcoholic beverages, particularly in the context of Bengaluru, India. My expertise is based on a comprehensive understanding of the legal framework, recent amendments, and the practical implications of the law. To establish my credibility, let me provide evidence of my knowledge on the subject.
Firstly, it's crucial to recognize that the legal age for drinking in Bengaluru is a matter of debate and confusion within the excise department. As of my last knowledge update in January 2022, the legal age was either 18 or 21, depending on the interpretation of officials. This uncertainty is evident in the conflicting statements made by Excise Commissioner Umashankar SR and Deputy Commissioner of Excise (Legal) Chandrashekar N. Umashankar SR claimed that the drinking age was raised to 21 through a circular, while Chandrashekar N insisted that the legal age is 21 in Karnataka.
In the context of the article, it is highlighted that minors are gaining access to bars and pubs in prominent areas of Bengaluru without being asked for proof of age. This raises concerns about the enforcement of age restrictions and the potential legal consequences for establishments serving alcohol to underage individuals. The Excise Commissioner, Umashankar SR, admitted that despite previous announcements, no raids or actions against bars and pubs serving minors had taken place, which may indicate a lack of effective enforcement.
The article also mentions an amendment to the Juvenile Justice Bill in 2015, making the sale of liquor to minors a criminal offense punishable by a seven-year jail term. However, the apparent lack of enforcement raises questions about the practical implications of this legal provision.
Riyaz Amlani, representing the National Restaurant Association of India, emphasizes the need for clarity and suggests that pubs and bars affiliated with the association display signboards stating that liquor will not be served to those under 21 years of age. This reflects industry efforts to self-regulate and address the ambiguity surrounding age restrictions.
In conclusion, the article underscores the confusion and lack of clarity within the excise department regarding the legal age for drinking in Bengaluru. It also highlights the challenges in enforcing age restrictions, with potential legal consequences for both establishments and individuals involved in serving alcohol to minors. The conflicting statements from officials and the call for legislative clarity contribute to the complex landscape of alcohol regulation in the region.
