Last Updated:
The Allahabad High Court has ruled that restaurants and other public places cannot serve hookah even in designated smoking areas under existing tobacco control laws.
The court held that a designated smoking area does not create an exception that allows businesses to provide services involving smoking (AI-generated image used for representation)
Restaurants, cafes and other public places in Uttar Pradesh cannot serve hookah to customers even if they have designated smoking areas, the Allahabad High Court has ruled.
A Lucknow bench of Justices Shekhar B Saraf and A K Chaudhary dismissed the main petition challenging restrictions on hookah bars along with all connected petitions. The petitioners had sought permission for restaurants with valid food establishment licences to serve hookah in designated smoking areas.
The court held that a designated smoking area does not create an exception that allows businesses to provide services involving smoking. It said such areas are only a limited exception to the wider ban on smoking in public places under the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) and the Prohibition of Smoking in Public Places Rules, 2008.
Preparing And Serving Hookah Counts As A Service
The court referred to a 2017 amendment to the rules, under which the words “any other service” were replaced with “any service”.
It said activities involved in preparing and providing a hookah, including filling it with tobacco, placing coal on it, handing it to a customer and changing the coal, amount to providing a service.
The petitioners had argued that a ready-to-use hookah could instead be treated as an apparatus rented to a customer, particularly when the customer operated it himself.
The court rejected the argument, saying the service element remains part of the preparation and operation of a hookah. It held that the fact that a customer operates the hookah personally does not change the legal nature of the activity.
No Separate Licence For Hookah Bars
The court also made it clear that the Food Safety Department and municipal authorities cannot issue separate licences permitting businesses to operate hookah bars.
It further said police authorities have powers under COTPA to conduct searches, seize articles and take penal action when statutory restrictions are violated.
Right To Clean Air Takes Priority
The bench observed that the right of non-smokers to breathe clean air in public places outweighs the right to operate a business involving activities prohibited by law.
The court concluded that running hookah bars and serving hookah in restaurants violates the applicable statutory provisions.
While dismissing the petitions, the bench directed that a copy of the judgment be sent to the Uttar Pradesh chief secretary and director general of police for necessary compliance.
Quick Answers
Ask News18No, the Allahabad High Court ruled that restaurants, cafes, and other public places cannot serve hookah to customers even if they have designated smoking areas. The court held that designated smoking areas only provide a limited exception to the wider smoking ban under COTPA and do not permit businesses to provide services involving smoking.
Ask News18About the Author
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, …Read More
September 29, 2026, 9:53 PM IST
Read More
Source link
[ad_3]
