Bangalore police commissioner: We’re enforcing old rules, so what’s new?

Bangalore police have been cracking down, in the recent past, on discotheques and clubs that have live music. Police commissioner Shankar M Bidari claims that action has only been taken against those flouting rules, and the rules are not new either. In an interview with DNA, Bidari clarified his stance.

So what inspired the recent spate of crackdowns on dance music in clubs and discotheques?
We have only raided unlicenced discotheques, and hotels and clubs that feature live music. There is nothing new here. It’s discussed in the public domain as something ‘new’, but that is not true.

The rules under the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order, 2005, are clear. Discotheques, clubs and all entertainment are clubbed together, and no difference is made between dance bars, discotheques or regular restaurants with regard to live music.

Would you please explain the rules, for the benefit of our readers?
The rule was enacted in 2005. It is binding on everyone. There are procedures under each category of public entertainment, and this is not new.

The so-called crack down on discotheques and bars where music is played was done under the rules enacted in 2005. These rules were later upheld by the Supreme Court. Under the rules, every place of entertainment should get a licence from the police, besides other authorities.

The application for licences should also accompany the clearance and no-objection certificate from neighbours. This was done to avoid public nuisance.

Did you have to go to such an extent to rein in unscrupulous elements?
There are rules and procedures, and these have to be observed. The guidelines for those seeking to make a business of entertainment and there, and there is need for a licence too.

There is need for a clearance from departments including the Fire and Emergency Services and the Bruhat Bangalore Mahanagara Palike. Citizens are reminded that there is no police interference in the night life in the city. The rules we are enforcing are part of the Karnataka Excise Act, 1965.

There is only one blanket law for all types of entertainment in public places, including dance bars or live bands.

So what was the stance of the police force prior to 2005?
Prior to 2005 the city police had allowed dancing and live music shows at pubs, restaurants, nightclubs and discotheques.

However, there was a ban on dance bars, on the grounds that they encouraged prostitution. However, owners of dance bars or live bands challenged the decision in the high court, and what they got was the blanket ban.

The Karnataka Police Act gives the commissioner the power to “prevent annoyance, disturbance, discomfort, injury or risk to the public or to any person who dwells on property in the vicinity.”

The police are “empowered to prevent, prohibit, control or regulate any vocal or instrumental music, sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of producing or reproducing sound, or the carrying on, in or upon, any premises of any trade, avocation or operation resulting in or attended with noise.”

So why the extension of deadline for December 31 revellers?
On the eve of 2011, all bars, pubs and clubs and eateries have been given extension till 1 am on January 1 for New Year’s eve revelry. It was only till 12.30 am on January 1, 2010. We granted extension for serving liquor and food in order to avoid unnecessary procedural tangles, and we granted blanket permission to all pubs, bars, clubs and eateries so that none is left out.

We got rid of individual permissions, reducing the burden on each of these places and getting rid of unnecessary paperwork. Five star hotels with more than 100 rooms are allowed to serve liquor and food beyond 1 am. These hotels will have to close by 2 am.