The Allahabad High Court has quashed a police-imposed condition prohibiting the serving of alcohol at a live singing event in Lucknow, observing that the Noise Pollution Rules, 2000, do not empower authorities to impose restrictions on serving intoxicating products.
A Division Bench of Justice Alok Mathur and Justice Abdhesh Kumar Chaudhary passed the order on October 8, 2026, while allowing a writ petition filed by Atlani Brothers Live through its proprietor, Mrs. Mamta Atlani.
Background
The petitioner had obtained permission to organise a live singing event at The Dayal Gateway, Gomti Nagar, Lucknow, scheduled for October 10, 2026.
However, the permission letter issued by the Additional Police Commissioner (Law and Order) on September 30, 2026, contained 18 conditions. Condition No. 18 specifically prohibited serving or using alcohol and other intoxicating substances during the concert.
Challenging this restriction, the petitioner argued that the condition was not supported by the Noise Pollution (Regulation and Control) Rules, 2000. It was also pointed out that similar restrictions had not been imposed on another live music event, 'Papon Live'.
The State's counsel acknowledged that Condition No. 18 was not prescribed under the 2000 Rules.
After examining the provisions, the Bench observed that the Noise Pollution Rules primarily deal with maintaining permissible noise levels across different zones, including industrial, commercial, residential and silence zones.
The Court noted:
"The petitioner has been granted permission to keep the maximum sound level below 75 dB(A), which pertains to an industrial area. We further find that there is no provision in the Rules of 2000 with regard to the power and/or scope of permitting or denying the permission for serving of intoxicating products, including alcohol."
The Bench further held that the restriction was beyond the authority's jurisdiction and that the petitioner had been treated differently compared to similar events.
The High Court quashed the permission letter dated September 30, 2026, and directed the Joint Commissioner of Police, Law and Order, Lucknow, to issue a fresh order without Condition No. 18 by 11:30 AM on October 9, 2026.
The Court also directed the District Excise Officer, Lucknow, to consider the petitioner's FL-11 Event Bar Licence application and pass necessary orders by 5 PM on October 9, 2026, subject to payment of applicable fees and compliance with legal requirements.
With these directions, the writ petition was allowed.
