- (1.) Pursuant to the leave granted by this Court by order dated September 28, 2015, the applications being CAN 943 of 2016 and CAN 2971 of 2016 have been filed by the applicants seeking to intervene in this writ proceeding. The applications are allowed and the applicants are added as party respondents in this writ petition. Office is directed to carry out necessary amendment in the cause title of the writ petition. Now, I take up the writ petition for final disposal.
(2.) The writ petitioners have approached this court challenging the action of the respondent authorities in insisting on their obtaining "Crooner's 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 therein. 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.
(3.) 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 may be subjected to restrictions as envisaged in law for maintenance of public order, health or morality of the society. 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. 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, the performers should be permitted to perform in such establishments without obtaining separate licence.;