East Delhi civic body unveils policy to allow open-air dining at eateries

Senior officials confirmed that the EDMC mayor has given the policy an anticipatory approval, after which the department issued the order.

The East Delhi Municipal Corporation (EDMC) has approved a policy allowing restaurants to serve food and beverages in open spaces such as terraces or balconies, according to an order by the civic body.

According to the policy, applicants will have to submit an NOC from the land owner for using the open space/terrace for service purpose only. It also makes it mandatory for restaurant owners to get an NOC from the Delhi Fire Service. (Picture for representation only/HT)

The order that was issued by the civic body’s public health department on September 17 stated, “....the use of open space/terrace abutting licensed eating houses for service purpose is allowed and will be regulated as per the provisions of the Delhi Municipal Act, 1957, requisite technical terms and conditions are applicable....”

Senior officials confirmed that the EDMC mayor has given the policy an anticipatory approval, after which the department issued the order. Usually, the proposals are first vetted and approved by the standing committee and then by the House of the elected councillors before being implemented.

According to the policy, applicants will have to submit a no objection certificate (NOC) from the land owner for using the open space/terrace for service purpose only. Also, it makes it mandatory for restaurant owners to get an NOC from the Delhi Fire Service (DFS).

The policy says that no cooking or food preparation will be allowed in the open area, and that it must not be covered.

“If liquor is being served in the open spaces, it has to be done in a way that it is not visible to passersby, which means that it should have a wall with a provision for regulated entry/exit. The open space should also have a direct access or opening to the main road,” it said.

Besides, permission will be given for dining in open areas only on the submission of building structural safety certificate by registered structural engineer, the policy says.

Public health department officials said restaurant owners will be charged an open service area fee along with the licence fee for operating such spaces. “The fee for operating open spaces will be charged at the rate of ₹200 per square feet for restaurant that are rated less than four stars. For restaurants operating in star hotels (four stars and above) the rate will be ₹400 per square feet. The validity of the licence will be up to three years and will be renewed accordingly with licence of eating house,” said a senior official, who asked not to be named.

EDMC mayor Shyam Sunder Aggarwal said the policy has been given anticipatory approval. Besides providing a legal sanction to open air dining, which has been a long-standing demand from restaurant owners, it will also help boost revenue. “There are many five-star hotels in our area as well as a number of standalone restaurants, and we hope to earn substantial revenue. This will give the eating outlets a new boost during the pandemic as well. Also, those who have been trying to have open air dining for long will now have it easy. It works both ways and benefits both the corporation as well as restaurant owners, and also those who want dine in the open,” said Aggarwal.

The South Delhi Municipal Corporation implemented the same policy last year.