Delhi Police faces a new reality on licences

Senior Delhi Police officers said licensing has been a key part of policing in Delhi since the 1860s

The Licensing Branch of the Delhi Police is now left with fewer responsibilities after the Delhi government eliminated the requirement of police clearance for eight key trades in the Capital. The unit, which traces its origins to the 1860s—when the British enforced the Serais Act—still plays a key role in important sectors, despite having its responsibilities diminished.

Since 2019, the police received over 52,000 applications from restaurants, hotels and other establishments, but rejected 36,900 of them, reflecting a rejection rate of over 70%. (Representative photo)

On June 23, Delhi chief minister Rekha Gupta announced a regulatory overhaul, revoking Delhi Police’s powers to issue a no-objection certificate for seven trade categories: amusement parks, hotels/guest houses/lodges, restaurants, swimming pools, discotheques, video game parlours and auditoriums.

On July 1, the Delhi Police removed these services from its website. Senior police officers confirmed that the move, at the lieutenant governor’s order, has now been implemented. The website now only has the categories of arms, explosives, cinema and press licence.

Last Friday, the licensing of cinema halls and theatres, earlier governed under the Cinematograph Act, 1952, by the Delhi Police, will now fall under the purview of a district-level committee chaired by the district magistrate (DM) or deputy commissioner (DC) concerned. Police have been asked to disengage from issuing licences under the Cinematograph Act.

Vikram Singh, former DGP of Uttar Pradesh, said the move has diminished the authority of the Delhi Police.

“Maybe the government should recall its orders. It’s not just a question of power or authority; it’s a question of gaining more contact, more channels of information, and relevant and reliable information through hotels, restaurants, discos, parks, and other venues frequented by anti-national elements and criminals/gangsters. If the police have some control over these places, it would be in the interest of law and order,” he said.

Evolution, through the years

Senior Delhi Police officers said licensing has been a key part of policing in Delhi since the 1860s.

In 1867, the British introduced the Serais Act, which gave powers to district magistrates to register and inspect all new and old “Sarais” (inns or establishments) in the city and ensure maintenance by their proprietors and owners. A copy of the act, accessed by HT, states that keepers of Sarais, housing persons and cattle, must inform the police in case of death, infection or contagion at the establishment.

A retired police officer who once served as the Licensing Branch’s head, told HT: “We don’t have many records from the 1860s, as it was the time when police started lodging FIRs. There was no licensing office or branch. Only a few police constables would help DM and civic authorities inspect lodges.”

A major overhaul in the Licensing Branch was made post-Independence, in the 1950s, with the passage of the Arms Act, 1959, and the Cinematograph Act, 1952. Both these acts necessitated the police to oversee trade practices related to arms, ammunition and films.

In 1966-67, the Khosla Commission report (set up to oversee problems of policemen) helped reorganise Delhi Police, and eventually led to the passage of the Delhi Police Act in 1978. It brought certain powers, which were earlier with the DM, under the remit of the commissioner of police.

Chapter 4 of the Delhi Police Act mentioned “power to make regulations for regulating traffic and for preservation of order in public places…” as a provision for the Delhi Police, with regards to “licensing or controlling places of public amusement or public entertainment”.

After 1978, the Delhi Police was “actively” called to inspect lodges, hotels, inns and other trade establishments. The officer cited above said, “The change emerged from a need for security and law and order concerns. The change started with 10-20 officials, usually low-ranking.”

In 1978, a separate department and office were set up in south Delhi’s Defence Colony, headed by a joint commissioner or additional commissioner of police. Starting with 10-20 staffers in the 1970s, the present office has more than 150 staffers, comprising officials of ranks of special commissioner, joint commissioner, deputy commissioner and assistant commissioners, among other police officers.

Licensing powers were extended to amusement parks, eateries, auditoriums, cinema houses, public theatres and any event venues. Until recently, three ACPs overlooked the inspection and regulation of licences provided to eateries, hotels/motels and amusement parks. The department is now planning to change the roles of its senior officers to reflect the change in their responsibilities.

Stringent processing

According to Delhi Police data accessed by HT, the Licensing Branch has the highest rejection rate for trade licences among other departments (MCD, DFS, DPCC…).

Since 2019, the police received over 52,000 applications from restaurants, hotels and other establishments, but rejected 36,900 of them, reflecting a rejection rate of over 70%. Police said most of the applicants reapplied within three months and were able to secure approvals by fixing deficiencies, such as fixing ventilation, windows, exit spaces, fire equipment, lighting, and electrical issues.

In contrast, the Delhi Fire Services had a rejection rate of 11.5% in the same period, the Delhi Pollution Control Committee had a rejection rate of 35.3% and the Municipal Corporation of Delhi 50%.

A senior police officer currently deployed with the Licensing Branch said, “We rejected applications only after inspections. Police inspections are mandatory to see if the establishment has been involved in illegal activities. We check if the establishment is housing criminal/anti-social elements, providing illegal alcohol, facilitating drug activities, or has incorrect rental or property documents. These metrics are also important as during the Independence and Republic Day (security preparations).”

Police said the upcoming Independence Day would be the first time in 50 years that the Delhi Police did not have registers of all licensed and offending trade establishments in the city.

In the 2005-10 period, police said the Licensing Branch was also overseeing CCTV installation at all establishments, especially the ones operating at night. “This ensured women’s safety and the safety of staff and others. We also check health and liquor licences since they are important for any hotel or eatery. Our licensing teams would also check if each establishment had a DVR storage of 30 days at least…” the second officer said.