States to decide where the liquor ban applies


States to decide where the liquor ban applies

States to decide where the liquor ban applies

The SC had created confusion with its order in July 2017 stating that the liquor ban did not apply to licensed premises in municipal areas, as by then a lot of licenses had been revoked. Moreover it was not clear which municipal areas, which municipalities and other factors.

Now the SC has stated that it is up to the States to decide for themselves which areas this ban will apply. Now it is for each state to decide for themselves if this ban also applied to areas that have local self-governing bodies and other authorities and perhaps to even decide whether or not the area is developed enough to warrant the ban.

The question of whether the local body will qualify as a municipal authority is a question for the states to answer for themselves. The SC has stated that the States should keep in mind the objective behind the reasoning of the directive. Noting that this directive was necessary keeping in mind that otherwise there would have been in influx of cases in the high courts and repeated applications regarding this, that it made sense to allow the states to self-determine how, where and in which manner they chose to enact the law.

This directive was in response to an application urging the court to interpret it July Order more effectively to avoid confusion. The clarification was made to clear any ambiguity in meaning. Stating that the original order was meant to deal with liquor sales near highways which connected the country; the original order did not prevent the States from changing the classification of various roads and highways if they deemed it appropriate to do so. The objective was to reduce the loss of life due to drunk driving and that it was for the State to decide the effectiveness of these methods.



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