- (1.) The writ petitioners have approached this court challenging the action of the respondent authorities in insisting on their obtaining "crooner licence" for performing at various hotels, bars and restaurants registered under the Bengal Excise Act. Mr. Jaydeep Kar, learned senior advocate appearing on behalf of the petitioners, submits that there is no provision in the aforesaid statute for the petitioners, who are the performers in the said establishments, to obtain separate licence other than the licences issued to the establishment itself. It is not disputed that the concerned establishments where the petitioners are performing have the requisite licence under the said enactment for hosting live performances in their establishments.
(2.) The learned Government Pleader submits that although the establishments have requisite licences but in order to ensure maintenance of law and order and prevention of crime, identity and other particulars of the performers in the said establishments are required to be furnished to the law enforcement agencies. Such exercise undertaken by the respondent authorities cannot be said to be contrary to law. In view of the aforesaid circumstances, by order dated October 16, 2015, this court by way of interim measure had directed that all the lady performers/crooners would inform the police authorities about the names of the bars/restaurants where they intend to perform and if such information is provided to the police authorities, the lady performers would not be prevented from continuing with live performances in accordance with law. I have considered the submissions made on behalf of the respective parties. The right to carry on business in liquor is res extra commercium and no one can claim a fundamental right to carry on such business. Hence, such business to restrictions as envisaged in law which are necessary for maintenance of public order, health or morality of the nation. However, there is nothing in the provisions of the Act or the rules framed thereunder or in the conditions of licence granted to the concerned establishments that necessitates in the event such an establishment is permitted to carry on live performance, a separate licence is required to be obtained by the performers/crooners themselves.
(3.) Hence, I am in agreement with the submission advanced by Mr. Kar that in the event the hotels/bars/restaurants have valid licences under the Bengal Excise Act and other relevant laws for the time being in force to carry on live performances in their establishments, they should be permitted to carry on such performance by the lady performers and for such purpose the live performers/crooners do not require to obtain separate licence. However, the concern as to law and order as expressed by the learned Government Pleader cannot also be brushed aside. Law enforcement agencies have ample power to insist on maintenance of records vis-à-vis the identity and other particulars of such performers and the identity of the establishments where they are performing for maintenance of law and order, collection of intelligence and prevention of commission of cognizable offences. One may take judicial notice of the fact that lady crooners perform in most vulnerable circumstances exposing them to various forms of exploitation and criminal activities. Under such circumstances, maintenance of records by the law enforcement agencies as to their identities and/or place of work may help in ensuring their own safety and security and prevention of any crime against them. Such steps, therefore, cannot be construed as an unreasonable restriction of their right to carry on their trade and business in any manner whatsoever but would ensure a better and safer atmosphere in the place of work for them. Hence, I hold that the petitioners including all performers participating in live performances conducted in hotels/bars/restaurants having valid licence under the Bengal Excise Act to carry on such performance do not require separate licence under the said Act.;