Upgrad LLM

beer shop in housing society allowed??


One of the shop members in our housing society had applied for NOC for opening of beer shop. Society members had opposed to open the beer shop and committed is thinking of not issuing NOC to him.. Would like to know what does rule says and what are our legal option.
 
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subregistrar/supdt.(retired)

Not allowed a beer shop in a society.  You may complain against the society to the Registrar of Societies of your District

 
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Retired employee.

Most of the Corporation/Municipalities stipulate residential/commercial spaces.  For opening such Bar, excise dept., has to give a license and the laid down rules states many clauses.  So making a complaint to such Excise dept., and to Municipality/corporation helps and once a complaint is pending depts can never give permission/license.  Go as a group and never take up such issues in an individual capacity as your personal security is more important.

 
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Retired Manager

Every state has its own laws that regulate this trade. In principle, a wine shop should not be operating in a residential area. However, unfortunately, as most of the State Governments depend upon the income generated through the sale of Wine, etc. permissions are extracted showing demand in the area and/or illicit liquor sale in some areas. However, if the local people, in your case, as it is proposed to be established inside the society, the society members object, it cannot be permitted.

 

From your question that a member applied for NOC and Committee has not issued the NOC. When Society did not permit the member cannot establish the Beer shop inside the premises. Where and is the problem for you.

 
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Advocate

Why the members are opposing - is it because of the laws or their sentiments/conscience?

 
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Dear sir, 

Members are oppsing since beer shop is right at the entrance of the society gate, werein there are society kids and other people who use this premises daily.. Also there is Central  school at 50 mt & 150 mt . Giving permission to beer shop will not only disturb the peace with unwanted people acces to the premises and will attract unwanted nuaucence which generally comes along with the beer shop ,which later there will be other legal issues which can happen. 

Request you to reply on my explanation. 

 
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Advocate and Legal Consultant

Whether Managing Committee or General Body has allowed the shop to stock and sale of beer ? 

Whether the shop owner has obtained necessary licence from Excise department ?

It is better to consult a local prudent lawyer with relevant records for analyses of facts, professional advise and necessary proceeding.

 
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Advocate

In the given circumstances, the General Body can take a decision in the due course and communicate to the member concerned. In spite of the NOC being issued, the authorities may not give the requisite permission, if norms do not permit. Other than the GB individual citizens could take up the matter with the authority concerned.

 
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