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Dear Chief Minister,
I have received numerous representations from Citizens of Bengaluru, seeking my intervention in the issue of Music/Entertainment in Bars/Lounges in Bengaluru City.
I have studied the issue carefully, received briefings from Commissioner Police,
Shri Shankar Bidari, also eminent Lawyers, Citizens and some representatives of the Industry as well. It is based on these inputs and consultation that I am writing this letter with my observations/suggestions
- A Modern city like Bengaluru or any other city must have laws and rules for its various activities and these rules and laws should be enforced. There should not be any scope for unregulated activities.
- The Police is doing its job and fulfilling its responsibility by seeking enforcement of the law ie the Karnataka Police act 2005.
- The enforcement of the law has correctly caused the banning and closing of all unlicensed bars and similar establishments. This is an inevitable consequence of the law being enforced.
- The Police Commissioner/Authority is also framing guidelines for licensing that prima facie seem reasonable.
- There are three separate issues that are agitating some Bengaluru citizens. I summarise them below along with a suggested plan for each -
1. Extension of the 11.30 deadline to a later one , like 1am in Mumbai and 12 pm in Delhi etc.
I support the need for the Excise rules to be amended to allow bars to operate till a later date. There is sufficient justification for this - The long traffic and commute times in Bangalore, the Tourism and expat communities and working hours of IT and other associated Industries are sound justification for this.
I would recommend that the government examine this, subject to tighter and fuller enforcement of drunken driving rules and amendment of laws for stricter penalties for drunken driving.
2. Reversing the Ban on bars and Licensing of Bars and Lounges
A Ban on Bars is not a recommended course of action given the large population of expats and tourists etc. However I agree with the Police Commissioner’s need for strong and transparent guidelines for licensing of Bars , which include strict stipulation of non-residential areas, sufficient parking and severe liabilities on management for disorderly conduct and any illegal activities like Drugs etc. I hope that with these new guidelines, licensing in a fair and transparent manner can proceed for applicants. All Arguments opposing guidelines or licensing or regulation should be rejected. I further understand that background Music in Bars has been permitted as well.
3. Live music, DJs in Bars and Discotheques
Currently Discotheques (including Live Music and Performances by DJs) are not permitted by the Act, since the definition under the Act club these along with Live Bands, Dance Bars & Cabarets.
Therefore it is obvious, there is a clear need to revisit the act and amend it - to separate these licensed bars with Music or Discotheques from the other categories of Live Bands, Dance Bars, Cabarets etc. However since the act has been upheld by the High court and is currently being adjudicated in the Supreme Court, I am advised that such an amendment can be sought only after the Supreme Court appeal is disposed off. I accept this argument and would urge the government to look at amending the act at the earliest - post the Supreme Court appeal. Post the amendment, A new form of license for Bars with Live Music could be contemplated with safeguards, accounting transparency which could also serve as a source of income for the Government.
Lastly and as a matter of principle, I believe that Banning activities only tends to drive the activity underground and create an illegal industry whic in turns creates corruption and other side effects including but not limited to spawning other illegal industries. Thus Bans must be exercised only in the most important of areas and activities. Entertainment and Music don’t need to fall into that category subject to proper regulation and strong enforcement of such laws.
I trust you will examine this letter and the points made therein in the general interest of the city and ALL its people.
Very truly yours,
Rajeev Chandrasekhar
Shri B S Yeddyurappa
Hon’ble Chief Minister of Karnataka
Vidhana Soudha
Bengaluru
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