Every year Government of Delhi formulates the Excise Policy and in pursuance to this policy all the liquor Licences (L-1) are granted for the wholesale vending to a Company or a society or a partnership firm or proprietorship firm provided the applicant owns distillery / breweries / manufacturing units/bottling plants.
The applications for the grant of Licence are invited through the public notice published in some of the leading newspapers. An application for the grant of L-1 Licence is required to be made in response to the public notice in the prescribed format together with its Appendices ('B' and 'C') to the Collector of Excise. The prime job of L-1 Licensee is to supply liquor to the holders of L-2, L-3, L-4, L-5, L-19 and L-19 A, L-52, L-53 licences in the National Capital Territory of Delhi.
The aspirants for the grant of L-1 Licences have to comply with the procedure as laid down in the terms and conditions for the grant of L-1 Licences which are made available in the Office during the notice period. The applicant has to submit the following documents alongwith the application on the prescribed format :
1.
Solvency Certificate from SDM (except in case of a Public Ltd. Co.)
2.
Income Tax Clearance Certificate
3.
No Dues Certificate from Collector (Excise)
4.
No Dues Certificate from Sales Tax Officer
5.
Declaration of distillery on affidavit regarding sale and minimum ex-distillery prices and distance of distillery from Delhi.
6.
Chartered Accountant's Certificate for sale and minimum ex-distillery prices.
7.
Certificate from Excise Authority concerned regarding sale figure.
8.
Power of Attorney
9.
Registered partnership deed/memorandum and Article of association / (Distillery/Winery/Bottling Unit/Brewery).
10
Duly audited annual account and balance sheet of distillery.
11.
Attested copy of the licence for establishment of distillery/winery/bottling unit/brewery.
12.
Attested photocopies of export passes/EVCs verifying the sale figure of the whisky and rum brands for which distillery has applied.
13.
Trade Mark Certificate.
14.
Usership agreement under Trade & Merchandise Marks Act, 1958.
15.
A certificate from a government authorized laboratory or other reputed private institutions regarding quality of brand.
16.
An affidavit stating that there is nothing adverse or against the applicant in view of the provision of rule 7 of Delhi Intoxicants License and Sale Rule, 1976.
17.
Documentary evidence to prove that the product is manufactured from natural alcohol (Double distilled) Extra natural alcohol.
The IMFL/beer brands proposed to be sold by applicant on L-1 Licence should be owned by the distillery and in respect of IMFL brands excluding wine, the applicant should be in possession of trade mark certificate in respect of these brands.
In addition, for approval of whisky and rum brands, such brands should have sold a prescribed minimum quantity in All India Market excluding Delhi as indicated in the terms and conditions. For the year 2009-2010 the minimum sale criteria as per maximum retail price for each quarts bottle are given below:-
Whisky Brands
S.No.
Retail Price Segment
Minimum Sale Required
1.
Upto Rs. 100/-
50,000 cases
2
Rs. 101 to 250/-
75,000 cases
3.
Rs. 251 to 400/-
30,000 cases
4.
Rs. 401 and above
Nil
Rum Brands
S.No.
Retail Price Segment
Minimum Sale Required
1.
Upto Rs. 100/- (Cheaper Category)
30,000 cases
2
Rs. 101 to 250/-
40,000 cases
3.
Rs. 251 and above
Nil
Beer Brands
S.No.
Retail Price Segment
Minimum Sale Required
1.
With above 5% alcoholic strength
2,50,000 cases
2
With below 5% alcoholic strength
80,000 cases
3.
International Beer Brands
5,00,000 cases
4..
Diet Beer
Nil
Note : For Gin, Brandy, Vodka, Wine and Liqueur brands, no minimum sale criteria has been fixed.
Once the licence is approved, the applicant is required to have a Bonded Warehouse approved for storage of liquor. Broadly speaking the applicant immediately on the approval of L-1 Licence has to deposit Licence Fee, Brand registration fee and Brand Fee & apply for the following :-
1.
Registration of Brands
2.
Approval of Bonded Warehouse
3.
Approval of Label
4.
Fixation of ex-distillery price
Number of L-1 Licensee
Year
Number
1995-96
53
1996-97
57
1997-98
55
1998-99
55
1999-2000
75
2000-2001
76
2001-2002
63
2002-2003
68
2003-2004
65
2007-2008
66
2008-2009
2009-2010
71
65
Number of L1F Licencee
Year
Number
2009-10
21
Grant of L-2 Licence:
L-2 Licence for retail vend of foreign liquor/beer are granted only to selected undertakings of the Delhi government namely DTTDC, DSIDC, DSCSC and DCCWS. Any proposal in respect of premises for opening of a vend would come from above Corporations. As such an individual who wants to give his premises on rent for opening of vend has to approach any of these corporations, which after looking into suitability of the premises approach the office of the Commissioner of Excise for grant of L-2 licence in respect of the premises.
Broadly any premises to be suitable for opening of liquor vend should meet the following requirement :-
1.
The vend premises should be in a pucca building with minimum floor area of 150 sqft. on a floor and located in commercial area.
2.
The vend premises are inspected by the site inspection committee. The Committee inspects the shop to ascertain that the premises meet the requirement of excise rules as below :
1.
"No liquor shop for consumption off the premises shall be located within a distance of 75 metres from the following, namely:
Major educational institutions
Religious Places
Hospitals with fifty beds and above
Explanation I :- For the purpose of Clause (a) above, major educational institutions would mean middle and higher secondary schools, colleges and other institutions of higher learning recogzined by the Government of NCT of Delhi or Government of India.
Explanation II :- For the purpose of Clause (b) above, a religious place would imply a religious place having a pucca structure witha covered area of more than 400sq feet.
Explanantion III :- The measurement of distance shall be from the mid point. The acual main entrance/door of the premises proposed for license to mid point of the actual main door/entrance of the building of the places mentioned in clauses (a), (b) and (c) above.
If the proposed premises meet the above requirement and found suitable, the grant of L-2 Licence is approved and the concerned Corporation is required to deposit Rs. 2,00,000/- as licence fee before issue of licence. At present shops are in operation all over Delhi. License fee can be deposited on pro rata basis in quarterly terms.
These vends sell IMFL/Beer brands at rates fixed by the Excise Commissioner. Retail sale rate are printed on labels of IMFL and beer bottles. At present, while cheapest IMFL is sold in Delhi for Rs 100/ bottle, high priced scotch brands are available upto Rs. 1600/quart. Lager beer brands are sold in price range of Rs. 25/- to Rs. 40/bottle.
Number of L-2 Licensee
Year
Number
1994-95
172
1995-96
188
1996-97
184
1997-98
189
1998-1999
208
1999-2000
224
2000-2001
235
2001-2002
251
2002-2003
273
2003-2004
276
2008-2009
2009-2010
323
323
Grant of L-3/L-5 Licence in Hotels:
On site Consumption Licences :
Department grants licence to hotels which are holding star classification and approval of Department of Tourism, Govt. of India which are considered necessary for grant of Licence in form L-3. L-3 license empowers the hotel for service of foreign liquor to the residents in their rooms.
These hotels can also seek separate Licence in form L-5 for service of liquor in exclusive bar and in the restaurant / bar in the hotel premises. The service of liquor is restricted to specified premises of bar and restaurant only. The hotel is required to submit application on its letter head accompanied by the following documents :-
1.
Documentary proof regarding legal status of the hotel i.e. whether it is a company, partnership firm etc.
2.
Whether the hotel is in legal possession of the plot.
3.
Completion certificate in respect of the hotel building.
4.
Trade licence from the Local Authority i.e. MCD/NDMC as the case maybe
5.
Lodging House licence from the Local Authority.
6.
Certificate of registration of eating House licence issued by the DCP (Licencing).
7.
Documentary proof regarding applicant being an Income Tax Assessee and Sales Tax-Assessee.
8.
The applicant is required to submit lay out plan of the hotel, site plan of the licence outlets and the liquor stores
9.
proof of Department of Tourism. GOvt of India indicating the project approval and also recommendation for grant of L-3/L-5 license
10.
NOC from Delhi Fire Service
The applicant hotel is required to submit application to the Commissioner of Excise. After scrutiny of the papers submitted and the same having been found to be in accordance with the rules, the hotel premises is inspected by the concerned Excise Officer from the department who submits report to the licence granting authority. The inspection as above is to determine status of the premises under the Excise rules particularly w.r.t. rule 11 of the Delhi Intoxicants Licence and Sales Rules, 1976 which provides that :-
"No liquor shop for consumption 'on' the premises shall be located within a distance of 75 metres from the following, namely :-
(a)
major educational institutions
(b)
religious places;
Explanation � I : For the purpose of clause (a) above, major educational institutions would mean middle and higher secondary schools, colleges and other institutions of higher learning recognized by the Govt. of NCT of Delhi or the Government of India.
Explanation � II : For the purpose of clause (b) above, a religious place would imply a religious place having a pucca structure with a covered area of more than 400 square feet.
Explanation � III : The measurement of distance shall be from the mid-point of the actual main entrance/door of the premises proposed for licence to mid-point of the actual main door/entrance of the building of the places mentioned in clauses (a), (b) and (c) above.�
Once the hotel has been found to be suitable for grant of licence, the views of the public/residents are invited on the proposal giving them 7 days time in this regard to file objections before the licensing authority. This is done through pasting of notices and also through public announcement in the area. After no objection has been received, the competent authority proceeds with approval for grant of licence. After approval, the hotel is required to submit fees as prescribed under the rules. On deposit of the same, licence is issued to the hotel. L-5 Licence for exclusive bar/restaurant within the hotel is granted in conjunction with L-3 Licence only and requirements listed above also apply for grant of L-5 Licence.
No of Hotels having L-3/L-5 issued
Year
No. of L-3/L-5
1994-95
43
1995-96
43
1996-97
44
1997-98
45
1998-99
45
1999-2000
45
2000-2001
47
2001-2002
47
2002-2003
51
2003-2004
51
2009-2010
55
L-3 License Fee
L-3( Service of foreign liquor in a hotel to the residents in their rooms)
S.No.
No. of Rooms in Hotel
Fee (in Rs,)
Fee for IFL
Fee including IFL
1
Hotel having 10 to 25 rooms
Rs.40,000/-
Rs. 4,000/-
Rs. 44,000/-
2
Hotel having 26 to 50 rooms
Rs.60,000/-
Rs. 6,000/-
Rs. 66,000/-
3
Hotel having 51 to 100 rooms
Rs.1,20,000/-
Rs. 12,000/-
Rs. 1,32,000/-
4
Hotel having 101 to 200 rooms
Rs.1,80,000/-
Rs. 18,000/-
Rs. 1,98,000/-
5
Hotel having 201 to 300 rooms
Rs. 2,50,000/-
Rs. 25,000/-
Rs.275,000/-
6
Hotel having 301 to 400 rooms
Rs. 4,00,000/-
Rs. 40,000/-
Rs.4,40,000/-
7
Hotel having rooms 400 and above
Rs. 4,50,000/-
Rs. 45,000/-
Rs.4,95,000/-
L-5 License Fee
(Service of foreign Liquor in a bar or restaurant attached to a hotel)
As per above stated Notification No the rate of L-5 License fee is as under
Fee Structure of L-5 License Fee
Sr.No.
Category
Licence fee upto 75 covers
Licence fee for IFL
Total
Licence fee for above 75 covers
IFL
Total
1.
5 Star
6,60,000/-
66,000/-
7,26,000/-
9,35,000/-
94,000/-
10,29,000/-
2.
4 Star
5,50,000/-
55,000/-
6,05,000/-
7,70,000/-
77,000/-
8,47,000/-
3.
3 Star
5,22,500/-
52,300/-
5,74,800/-
7,15,000/-
72,000/-
7,87,000/-
4.
2 Star
4,67,500/-
46,800/-
5,14,300/-
6,60,000/-
66,000/-
7,26,000/-
5.
1 Star
3,85,000/-
39,000/-
4,24,000/-
5,50,000/-
55,000/-
6,05,000/-
6.
Budget Hotel
3,57,500/-
35,800/-
3,93,300/-
4,95,000/-
50,000/-
5,45,000/-
Application form for the grant of L-3/L-5 licence(Click)
L-4 Licence is granted to an independent restaurant approved by Department of Tourism, Govt. of India. Such restaurants can apply in the office of the Commissioner of Excise in prescribed form and submit documents as indicated in the application form. The restaurant should be situated in commercial area with adequate parking space. The restaurant has to meet the requirement of rule 11 of Delhi Intoxicants Licence & Sales Rules, 1976 as quoted in case of L-3/L-5 Licences conditions. Rest of the procedure for the grant of Licence is the same as indicated in case of L-3/L-5 Licence.
List of Documents for L-4 Licence
1.
Approval of DOT, Govt. of India.
2.
Memorandum and Articles of Association/Certificate of Incorporation/ Partnership deed etc.
3.
Proof of lawful possession of the premises.
4.
Copy of Income Tax Clearance / PAN Card / Latest Income Tax Return
5.
Copy of Sales Tax Registration./Latest Asst Order
6.
Copy of Eating House License from DCP(Licencing)
7.
Trade Licence issued by MCD/NDMC
8.
NOC from Fire Department provided the height of the premises is more than 15 metres.
9.
Affidavits in the prescribed proformas.
Year
L-4 licenses Granted(Cumulative)
1994-95
37
1995-96
43
1996-97
48
1997-98
56
1998-99
65
1999-2000
72
2000-01
96
2001-02
121
2002-03
173
2003-2004
183
2009
298
Application form for the grant of L4 licence to an independent restaurant (Click)
Liquor being an exciseable article can not be stored by a person like any general commodity. Possession limit has therefore been prescribed. Any individual person can possess at his residence alcoholic beverages within the prescribed limit for bonafide consumption by him and by members of his family or his guests. The present possession limit is given below: -
Foreign liquor whether imported or made in India
18 litres
Beer/wine (mild drinks) whether imported or made in India
36 litres
Cider
9 litres
Country liquor
3 litres
Note : An individual is allowed to carry one unsealed bottle of 750 ml. while entering into the National Capital
Territory of Delhi from other States.
For Permission of possessing Liquor in excess of Normal Possession Limit one has to apply for L-49.
Temporary Licence for service of liquor in Parties/functions/Conferences
1.
At Residence
No Licence is required by an individual for serving liquor to his guests and family members at his residence provided the liquor served is within permissible possession limit
2.
For Licensees allowed for onside Consumption Hotels/Clubs/Restaurants) Licence (L-20)
L-20 licence is granted to licenced hotels, restaurants and clubs for service of foreign liquor inside/outside their licensed premises on temporary basis for hosting a function on a specific day.
Any eligible hotel, restaurant and club can apply for grant of L-20 licence in the prescribed proforma after depositing Rs 3000/- as licence fee.
The prescribed proforma required for grant of L-20 licence (Click here).
3.
At any other premises - Licence (L-49A)
L-49 A licence can be obtained on payment of Rs. 3,000/- for service of liquor in any party, function, marriage etc. at a specific premises anywhere in Delhi excluding public parks subject to the following conditions: -
The area is screened off from public view;
Liquor is served to adults above 25 years of age;
Liquor is procured from authorized source in Delhi. (the license holder must be having the bill in original issued by retail liquor vend in Delhi from where the liquor has been procured).
An individual/organization can apply for grant of L-49 A licence in the prescribed Performa. This licence can be obtained from the window at the Excise Department or from the specified liquor vends.
The prescribed proforma required for grant of L-49 A licence (Click here).
The details of the liquor vends authorised to issue L-49A licences (Click here).
Grant of L-19 Licence:
L-19 licence is granted to a club registered with the Registrar of Firms/Registrar of Cooperative Societies, for service of foreign liquor to its members only subject to provisions of Punjab Excise Act, 1914 as extended to the National Capital Territory of Delhi and the rules framed thereunder and instructions issued from time to time.
Any eligible club can apply for grant of L-19 licence in the prescribed proforma with the required documents
List of Documents for Grant of L-19/L-19 A Licence for Club
1.
Memorandum and Articles of Association
2.
Certificate of registration with the Registrar of firms or society
3.
Copy of Resolution duly passed by managing committee to have L-19 licence in club premises.
4.
Resolution regarding meeting of the liabilities of the Clubs
5.
List of office Bearers and list of Members.
6.
Specific site plan showing liquor service area and store
7.
Fire safety certificate
8.
Proof of lawful possession of the premises.
9.
Eating house licence from D.C.P(Licensing) of the area.
Grant of L-19A License
L-19A license is granted for service of Liquor/Beer at a club/mess whose membership is exclusively for Government Servants and is not run on commercial lines. The documents/procedure required for granting L-19A License is similar to the grant of L-19 license.
L-19 License Fee
S.No.
Number of Members
Fee (in Rs,)
L-19
Fee for IFL(in Rs.) 10% of normal License fee (L-19 F)
Total fee including IFL(L-19 & L-19 F)
1
Club with membership upto 800
55,000/-
5,500/-
60,500/-
2
Club with membership from 801 to 1500
82,500/-
8,250/-
90,750/-
3
Club with membership more than 1500
1,65,000/-
16,500/-
1,81,500/-
L-19A License Fee
The license fee for L-19A license is fixed to Rs 5500/- p.a. plus Rs.550/- for IFL (10% of License fee )irrespective of the number of members of the club.
Rest of the procedure with regard to the grant of Licence is the same as indicated in respect of L-3/L-5 Licence
Application form for the grant of L-19/19-A (Click)
Local Services 