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The Court of Appeal upholds the mandatory rule of locating liquor shops 100 meters away from any school or public religious place.
October 07, 2021
The Court of Appeal held today that the location of a liquor shop for the operation of such license should be 100 meters away from any school and places of public religious worship.
A two-judge bench of the Court of Appeal comprising Justices Dhammika Ganepola and Justice Sobhitha Rajakaruna made these observations while pronouncing their judgment regarding a writ petition filed by a businessman who holds a license in respect of the Foreign Liquor Shop at Wattegama Road, Polgolla.
He had challenged the decision of the Commissioner-General of Excise to close down the liquor shop and suspend the license.
Accordingly, the Court of Appeal held that the Commissioner-General of Excise Department has not acted in violation of any procedure in deciding to close down this Foreign Liquor Shop due to the proximity of the liquor shop to two schools and the places of worship.
The applicant, D.L.P.B. Pathirannehe, states that there had been no allegations whatsoever by the respondents that the Petitioner had acted in violation of laws, rules, regulations or conditions in respect of the license.
However, the Commissioner-General of Excise has informed that an impediment would be caused, by operating the said liquor shop, to maintain public order in the area. He further said there had been several complaints made by various civil societies and clergy complaining of the proximity of the said liquor shop to two schools and the places of worship.
The Court of Appeal observed that, in terms of the Rule No. 20(c) of the Excise Notification No. 902 (published in the Extraordinary Gazette No.1544/17 dated 10.04.2008), the authorities by law required to consider the operational location of such premises in issuance and continuance of a license for a liquor shop.
Accordingly, the location of such premises for the operation of such license should be 100 meters away from any school and places of public religious worship”, the Court of Appeal observed.
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