In Brief
A heritage hotel in Kerala applied for an FL-11 (Beer/Wine Bar) liquor licence in March 2012. The Excise Commissioner recommended approval on 28 March 2012, but before the State Government could formally decide, the Foreign Liquor Rules were amended on 18 April 2012 to require 200 metres distance from temples. The hotel was only 70 metres away. The High Court allowed the hotel's petition, reasoning the old rules applied. The Supreme Court disagreed, holding that the relevant date is when the State finally decides—not when subordinates recommend. Since the application was pending when the rules changed, the amended rules applied. The judgment remanded the case to the High Court for fresh decision on other legal issues raised by the hotel.
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