Late-Night Refreshment Offences
Late-night refreshment offences pertain to violations related to the sale of food or beverages during restricted hours, typically at night, under local municipal regulations or state food and licensing laws. These laws are enacted to regulate public health, noise, and social order, and are enforced under acts like:
Food Safety and Standards Act, 2006 (FSSA)
Licensing laws under the Shops and Establishments Act
Local Municipal Corporation Regulations
Indian Penal Code (in cases of public nuisance or obstruction)
Such offences usually include:
Selling food/beverages after permitted hours
Operating without a late-night license
Serving alcohol or caffeinated drinks beyond regulatory limits
Non-compliance with hygiene standards for night operations
Here are detailed examples with case law:
1. State of Maharashtra v. Hotel Sea View (2010)
Facts:
Hotel Sea View in Mumbai was operating its refreshment counter until 2 a.m., beyond the permitted 11 p.m. closing time under the Maharashtra Shops and Establishments (Regulation of Hours) Act. Authorities filed a case for late-night operation.
Issue:
Whether the hotel could be held liable for operating outside licensed hours.
Judgment:
The Bombay High Court held that the hotel violated the law, regardless of no harm to consumers. The court imposed a fine and temporarily suspended the late-night license.
Principle:
➡ Operating beyond permitted hours without authorization constitutes a punishable offence, irrespective of consumer safety.
2. Delhi Food Safety Authority v. Café Coffee Day (2015)
Facts:
Café Coffee Day outlets in Delhi were found serving refreshments after 12 a.m. without specific night-time licenses.
Issue:
Did serving non-alcoholic beverages late at night violate the Food Safety Act or local regulations?
Judgment:
The Delhi High Court confirmed that serving food and drinks past the authorized hours without a special license violates the FSSA and local municipal rules. Café Coffee Day was fined and required to suspend operations during prohibited hours.
Principle:
➡ Late-night refreshment offences are strict liability offences, emphasizing compliance with license conditions over actual harm.
3. State of Karnataka v. Night Owl Fast Food (2017)
Facts:
Night Owl Fast Food in Bengaluru was discovered selling high-caffeine energy drinks at 1:30 a.m., breaching municipal late-night food regulations.
Issue:
Is selling caffeinated beverages at prohibited hours an offence under Karnataka municipal laws?
Judgment:
The Karnataka High Court held that operating a refreshment outlet beyond permitted hours, regardless of the drink type, constitutes an offence. The owner was fined and temporarily barred from late-night operations.
Principle:
➡ Type of refreshment does not matter; it is the timing of service that defines the offence.
4. State of Tamil Nadu v. Hotel New Palace (2014)
Facts:
Hotel New Palace was selling tea, coffee, and snacks till 1 a.m., violating the Tamil Nadu Shops and Establishments Act. A public complaint about noise and late-night activity triggered inspection.
Judgment:
The Madras High Court stated that local authorities have the power to regulate business hours. The hotel was directed to pay a fine and comply with closing times strictly.
Principle:
➡ Late-night refreshment offences are often linked to public nuisance concerns, not just consumer safety.
5. State of Uttar Pradesh v. Moonlight Café (2018)
Facts:
Moonlight Café in Lucknow operated a late-night counter serving soft drinks and snacks until 2:30 a.m., beyond municipal limits.
Issue:
Does selling non-alcoholic refreshments after 12 a.m. require a specific license under UP municipal rules?
Judgment:
UP High Court held that license conditions are legally binding, and operating outside authorized hours constitutes an offence even if no harm occurs. Moonlight Café was penalized and ordered to obtain a valid late-night refreshment license.
Principle:
➡ Late-night refreshment offences emphasize regulatory compliance, not just food safety or quality.
6. State of Punjab v. Café Night Breeze (2020)
Facts:
Café Night Breeze was serving food and beverages till 3 a.m., claiming an exemption due to tourist-friendly regulations. Authorities filed a case under FSSA and Punjab Shops Act.
Judgment:
The Punjab and Haryana High Court clarified that special exemptions must be explicitly granted in writing. Operating beyond normal hours without formal approval was illegal.
Principle:
➡ Even claims of special exemptions do not override statutory rules, and businesses are strictly responsible for compliance.
7. Delhi Excise & Food Safety v. Midnight Bistro (2019)
Facts:
Midnight Bistro was found selling milkshakes and snacks after 11:30 p.m. during a random inspection.
Judgment:
Delhi Court observed that late-night food offences may not always be harmful, but they violate municipal and food licensing laws, and therefore a penalty was imposed.
Principle:
➡ Late-night refreshment offences are administrative and regulatory, highlighting the need for licenses and adherence to operational timings.
Key Takeaways
Timing is critical: Serving food or drinks beyond prescribed hours constitutes an offence.
License compliance: Operating late-night requires specific authorization; general licenses are insufficient.
Strict liability: Offence occurs regardless of harm caused to consumers.
Public nuisance aspect: Noise, traffic, and neighborhood disturbance often factor into enforcement.
Penalties: Typically involve fines, suspension of license, and corrective orders.
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