Every year Government of NCT of Delhi formulates the Excise Policy and approves Terms & Conditions for grant of L-1 licenses. In pursuance to this policy and the approved terms & conditions, licences in form L-1 are granted for the wholesale supply of Indian liquor. These are granted to a Company or a society or a partnership firm or proprietorship firm having licensed manufacturing units(distillery / brewery /winery/bottling plant).
The applications for the grant of Licence are invited through the public notice published in some of the leading newspapers and in the official website of the Department. 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 Dy. Commissioner of Excise. The prime job of L-1 Licensee is to supply liquor to the holders of Licenses in form L-6, L-7,L-9,L-10,L-12,L-13,L-14,L-15,L-16,L-17,L-18,L-19,L-20,L-21,L-28,L-29 and other liquor 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 :
| S.No | Document Required |
|---|---|
| 1. | Application in prescribed form (Annexure-1) duly signed by M.D./Authorized Director/Authorized Working Partner/President or Secretary of the Society. |
| 2. | Processing Fee of Rs.5000/- |
| 3. | Appendix B on an affidavit stating the details of the company/firm with sale figure all over India and Ex-distillery price(EDP) |
| 4. | Appendix C stating the details of the brand applied for with the sale figures all over India and Ex-distillery price(EDP), expected MRP, various duties etc. |
| 5. | Product declaration of the brands applied |
| 6. | ENA Certificate - neutral alcohol (double distilled) / Extra neutral alcohol |
| 7. | TMC under Trade Mark Act,1999 or registered Trade Mark LICENCED to the applicant/usership agreement (not required for Beer & Wine), in case of Foreign TMC, the brand should be applied in India. |
| 8. | An Affidavit regarding genuiness of foreign TMC |
| 9. | Copies of Excise Verification Certificate for sale verification |
| 10. | Sale Verification Report |
| 11. | Certificate of sale figure & EDP from Excise Authority |
| 12. | Memorandum & Article Association of the company/ Partnership deed under the Partnership Act,1932/Certificate of Registration in the Cooperative Society/Partnership Deed under Limited Liability Act,2008 |
| 13. | Licence copy of Distillery/Brewery/Bottling Plant from where the brand is being manufactured/bottled |
| 14. | Power of Attorney duly signed by authorized Director/MD/Appointment of Attorney by the applicant |
| 15. | Solvency Certificate issued by SDM except Ltd. co. & existing L-1 licencee |
| 16. | Copy of Latest IT Return/ Copy of PAN Card/Copy of latest IT Assessment order/Copy of Income Tax Clearance Certificate |
| 17. | No Dues Certificate from Delhi Excise Department |
| 18. | No Dues Certificate from VAT Department, Delhi |
| 19. | CA Certificate regarding Sale & EDP of the brands |
| 20. | Affidavit under section 13 of Delhi Excise Act,2009 and Rule 23 & 35 of Delhi Excise Rules,2010 |
| 21. | Chemical Analysis Report of the brand applied from the Govt. Authorised Lab./other reputed Pvt. institution |
| 22. | An attested copy of the annual account and Balance sheet duly audited |
| 23. | Performance Report of the company issued by E.I. |
| 24. | Personal Bond with Surety of Rs. 5 lacs |
| 25. | List of Directors/partners/members of the company/firm/society or form-32 in case of change from MOA. |
| 26. | Board Resolution/Proof of Authorization in favour of applicant to apply for L-1 licence for the year 2012-13 |
| 27. | Photograph of MD/Applicant Director & Attorney |
| 28. | Name, address & photographs of each of the employees working at the BWH |
| 29. | Affidavit from Existing licencee |
| 30. | Affidavit from New licencee |
In addition, for approval of whisky, beer and rum brands, such brands should have sold a prescribed minimum quantity in All India Market excluding Delhi during the last two preceding years as indicated in the terms and conditions. For the year 2011-2012, the minimum sale criteria as per maximum retail price are given below:-
| S.No. | Retail Price Segment | Minimum Sale Required |
|---|---|---|
| 1. | Upto Rs. 120/- | 50,000 cases |
| 2 | Rs. 121 to 250/- | 1,00,000 cases |
| 3. | Rs. 251 to 400/- | 50,000 cases |
| 4. | Rs. 401 and above | Nil |
| S.No. | Retail Price Segment | Minimum Sale Required |
|---|---|---|
| 1. | Upto Rs. 120/- (Cheaper Category) | 40,000 cases |
| 2 | Rs. 121 to 250/- | 50,000 cases |
| 3. | Rs. 251 and above | Nil |
With above 5% alcoholic strength and MRP
Upto 5% alcoholic strength and MRP upto
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, Label registration fee and Bonded Warehouse fee & apply for the following :-
| Apply for the following | |
|---|---|
| 1. | Registration of Brands |
| 2. | Approval of Bonded Warehouse |
| 3. | Approval of Label |
| 4. | Fixation of ex-distillery price |
L-6 Licence for retail vend of Indian 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-6 licence in respect of the premises. Broadly any premises to be suitable for opening of liquor vend should meet the following requirement :-
| 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 100 metres from the following, namely: | ||
| (a) Major educational institutions | |||
| (b) Religious Places | |||
| (c)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. | |||
| 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 400sq feet. | |||
| Explanantion III :- The measurement of distance shall be the shortest traversable distance, from the mid point of 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-6 Licence is approved and the concerned Corporation is required to deposit Rs. 2,50,000/- as licence fee before issue of licence. At present shops are in operation all over Delhi. | |||
| These vends sell Indian liquor/Beer brands at rates fixed by the Excise Commissioner. Retail sale rate are printed on labels of Indian liquor and beer bottles. | |||
L-10 Retail Vend
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-15/L-15F license empowers the hotel for service of Indian Liquor/foreign liquor to the residents in their rooms. These hotels can also seek separate Licence in form L-16/L-16F for service of Indian Liqour/Foreign 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 :-
| 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-15/L-15F and L-16/16F license |
| 10. | NOC from Delhi Fire Service |
The applicant hotel is required to submit application to the Dy. 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 51 of the Delhi Excise Rules, 2010 which provides that :-
"No liquor shop for consumption 'on' the premises shall be located within a distance of 100 metres from the following, namely :-
Provided that the condition mentioned in clause (c) above shall not apply for retail vend of liquor for consumption "on" the premises:
Provided further that the condition of hundred meters shall apply for the licences granted after the commencement of these rules.
Provided also that if any major educational institution, religious place or hospital with fifty beds or above comes in to existence subsequent to the establishment of the retail vend of Indian Liquor, Foreign Liquor or Country Liquor, the aforesaid distance restrictions shall not apply.
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-16/L-16F Licence for exclusive bar/restaurant within the hotel is granted in conjunction with L-15/L-15F Licence only and requirements listed above also apply for grant of L-16/L-16F Licence. L-15 License Fee L-15F ( Service of foreign liquor in a hotel to the residents in their rooms)
| S.No. | No. of Rooms in Hotel/Guest House | Fee (in Rs,) | Fee for IFL | Fee including IFL |
|---|---|---|---|---|
| 1 | Hotel having upto 25 rooms | Rs.75,000/- | Rs. 7,500/- | Rs. 82,500/- |
| 2 | Hotel having 26 to 50 rooms | Rs.1,00,000/- | Rs. 10,000/- | Rs. 1,10,000/- |
| 3 | Hotel having 51 to 100 rooms | Rs.2,00,000/- | Rs. 20,000/- | Rs. 2,20,000/- |
| 4 | Hotel having 101 to 200 rooms | Rs.3,00,000/- | Rs. 30,000/- | Rs. 3,30,000/- |
| 5 | Hotel having 201 to 300 rooms | Rs.4,00,000/- | Rs. 40,000/- | Rs.4,40,000/- |
| 6 | Hotel having 301 to 400 rooms | Rs.5,00,000/- | Rs. 50,000/- | Rs.5,50,000/- |
| 7 | Hotel having rooms 401 and above | Rs. 6,00,000/- | Rs. 60,000/- | Rs.6,60,000/- |
L-16 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-16F License fee is as under Fee Structure of L-16F License Fee
| Sr.No. | Category | Licence fee upto 75 covers | Licence fee for IFL | Total | Licence fee for above 75 covers | IFL | Total |
|---|---|---|---|---|---|---|---|
| 1 | Above 5 Star | 9,00,000 | 90,000 | 9,90,000 | 12,00,000 | 1,20,000 | 13,20,000 |
| 2 | 5 Star | 7,500,000 | 75,000 | 8,25,000 | 10,50,000 | 1,05,000 | 11,55,000 |
| 3 | 4 Star | 6,25,000 | 62,500 | 6,87,500 | 8,50,000 | 85,000 | 9,35,000 |
| 4 | 3 Star | 5,75,000 | 57,500 | 6,32,500 | 8,00,000 | 80,000 | 8,80,000 |
| 5 | 2 Star | 5,25,000 | 52,500 | 5,77,500 | 7,25,000 | 72,500 | 7,97,500 |
| 6 | 1 Star | 4,25,000 | 42,500 | 4,67,500 | 6,25,000 | 62,500 | 6,87,500 |
| 7 | Budget Hotel | 4,00,000 | 40,000 | 4,40,000 | 5,50,000 | 55,000 | 6,05,000 |
License Fee for 24*7 License For :-
Grant of L-17/L-18 Licence in Independent Restaurant: L-17 / L-18 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 51 of Delhi Excise Rules 2010 as quoted in case of L-15/L-16 Licences conditions. Rest of the procedure for the grant of Licence is the same as indicated in case of L-15/L-16 Licence. List of Documents for L-17/L-18 Licence
| List of Documents for L-17/L-18 Licence | |
|---|---|
| 1 | Application in the prescribed format. |
| 2. | List of partners/ directors (if the applicant is other than a proprietorship firm) |
| 3. | Partnership deed/ Memorandum of Association |
| 4. | Registered sale deed/ lease deed of the proposed premises |
| 5. | Health Trade Licence issued by the MCD/ NDMC/Local body |
| 6. | Eating House Licence issued by the DCP (Licensing) |
| 7. | Affidavit regarding Fire Safety Measures (if the seating capacity is below 50 seat covers) |
| 8. | NOC from Fire Department (if the seating capacity is more than 50 seat covers) |
| 9. | Approval of Department of Tourism, Govt. of NCT of Delhi/ Govt. of India |
| 10 | DVAT registration |
| 11 | PAN card |
| 12 | Seating plan |
| 13 | Affidavit regarding seating capacity under or as provided undee section 13(1) chapter III of Delhi Excise Act, 2009 |
| 14 | Declaration of Authorized Representative by the Proprietor/ Partner/ Directors |
| 15 | Resolution of Board of Directors |
| 16 | List of employees along with their names, address and age |
| 17 | Copy of the insurance of the premises against Fire and Natural hazards. |
POSSESSION LIMIT FOR LIQUOR
Liquor being an exciseable article can not be stored by a person like any general commodity. Individual 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: -
(i)Indian liquor and Foreign Liquor(Whisky, Rum, Gin,Vodka)
except Wine, Liqueur, Beer, Cider and Alcopop
(iv) Foreign liquor
2 litres while entering into Delhi from other countries