CourtMesh

The Uttar Pradesh Excise Settlement of Licenses for Premium Retail Vends of Foreign Liquor Rules 2o2o

State Rules of Uttar Pradesh · 191037,829 characters of text

The enactment

Long titleTHE UTTAR PRADESH EXCISE SETTLEMENT OF LICENSES FOR PREMIUM RETAIL VENDS OF FOREIGN LIQUOR RULES 2O2O
TypeRules
Year1910
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectstaxation, health

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

1- Short title and commencement- 2- Definitions 3- License for Premium Retail Vends of Foreign Liquor 4- Persons not eligible for grant of license- 5- Applicant for license- 6- Restrictions on the grant of license- 7- Application for grant of license 8- Payment of Licence Fee 9- . Issue of License 10-Cancellation of sanction of license for default of the applicant 11-Powers to reject application 12-Renewal of license 13-Mutation of license on death of a licensee(s)- 14-Hours of Business 15-Dry Days- 16-Disposal of unsold/remainder stock at the expiry of financial year- 17-Disposal of unsold/remainder stock at the expiry of financial year 18-Sale of only duty paid foreign liquor 19-Foreign liquor not to be adulterated 20-Accounts to be maintained by all licensees- 21-Statement of settled shops 22-Surrender of license 23-Compounding of Offences 24-Suspension or cancellation of the license 25-Removal of difficulties 26-F.L. - 4 (C) 1 NOTIFICATION In exercise of powers conferred under section 41 of the United Provinces Excise Act, 1910 (U.P. Act no. 4 of 1910), the Excise Commissioner, Uttar Pradesh with the previous sanction of the State Government, makes the following rules with a view to settlement of Licenses for Premium Retail Vends of Foreign Liquor.

THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR PREMIUM RETAIL VENDS OF FOREIGN LIQUOR) RULES, 2020

1. Short title and commencement-(1) These rules may be called the Uttar Pradesh Excise (Settlement of Licenses for Premium Retail Vends of Foreign Liquor) Rules, 2020.

(2) They shall come into force with effect from the date of their publication in the Gazette.

2

2. Definitions-(1). In these rules, unless there is anything repugnant in the subject or context,-

(a) "Act" means the United Provinces Excise Act, 1910 as amended from time to time;

(b) "Excise Year" means the financial year commencing from 1st April and ending with st31 March of a calendar year;

(c) "Family" means and includes spouse (husband or wife), dependent son(s), unmarried daughter(s) and dependent parents;

(d) "Foreign liquor" means and includes the following-

(i)- Overseas Foreign Liquor: Beer and spirit, wines and liquors, which have been imported into India, are intended for human consumption, and are liable on such importation to duty under the Custom Tariff Act, 1975 read with Customs Act, 1962 2) Indian Made Foreign Liquor(IMFL):-Spirit or liquor made in India and sophisticated or coloured so as to resemble in flavour or colour, liquor imported into India and includes Malt spirit, Whisky, Rum, Brandy, Gin, Vodka and liqueurs. It also includes beer brewed in India, packed draught beer, porter, cider, ale, wine and low alcoholic beverages(LAB).

(e) "Form" means a form appended to these rules;

(f) "Government" means the State Government of Uttar Pradesh.

(g) "Individual" means a person who is a citizen of India not below the age of twenty-one years.

(h) "License" means license granted under these rules.

(i) "Licensing Authority" means the District Magistrate/Collector of a revenue district.

(j) "License fee" means a sum fixed as consideration fee for grant of the license for exclusive privilege of retail sale of foreign liquor in premium retail vend to be realized by the Excise Commissioner in consultation with the State Government from time to time for an excise year.

Provided that if such license is issued after the beginning of the excise year then license fee for the remaining period of the year shall be determined in proportion to the remaining number of quarters of the excise year. The license fee for a quarter is determined proportionately.

1.Published in U.P. Gazette, Extra part -1,Section (ka) dated 9,May,2020

2.Substituted by U. P. Excise (SETTLEMENT OF PREMIUM RETAIL VENDS OF FOREIGN LIQUOR)(Third Amendment) Rules, 2025

(k) "Mall" means a large business complex which contains a variety of walk-in store(s) housed in one large building or buildings (with interconnecting pathways, on same or different floors with common passage area for buyers/visitors including the atrium or foyer, having parking facility) with a minimum plinth area of 10,000 square feet, situated within a compound and is owned by single firm/company having multiple licenses to sell various commodities. It includes shopping/commercial complex, departmental stores, super markets or hybrid hyper markets for retail sale of various commodities.

(l) “Security Amount” means the amount equal to one-fourth of the amount of license fee, to be deposited through Fixed Deposit Receipt (FDR)/Bank Guarantee pledged in favour of District Excise Officer, or through e-payment, and is liable to be forfeited in case of any default committed by the licensee;

(m) “Tasting room” means a separate space within the license premises where facility of wine tasting is permissible to buyer;

(n) “Transport permit” means a permit issued for the transport of foreign liquor from the wholesale license such as FL-2, FL-2B, and BIO-1;

(2) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.

3 3 -License for Premium Retail Vends of Foreign Liquor- One or more licenses in form F.L-4-C may be granted by the Licensing Authority for retail sale of Foreign Liquor in sealed bottles in Mall subject to the following conditions:

(i) that the vend shall have at least 500 sq feet carpet area and provide customers the facility to walk in the shops and select his/ her choice of brand from the shelves.

(ii) that the vend shall have to be air conditioned with good quality flooring and be well decorated with shelves so that various brands are displayed in shelves with systematic layout plan.

(iii) that the vend shall have separate enclosures for storage and display of liquor; and

(iv) that the licensee of the vend shall sell only those categories of Foreign Liquor authorized by the Excise Commissioner , as the case may be, to Individuals in sealed bottles/packs.

(v) that the licensee of the vend shall not sell liquor to Individuals for consumption “on” the premises.

(vi) that the licensee of the vend shall not sell liquor to any other licensee.

(vii) such other conditions as the Excise Commissioner may deem fit to impose in this regard.

(viii) that the licensee of the vend may provide tasting room facility of wine to buyer.

(ix) that the licensee of the vend may sell accessory regarding liquor consumption.

4. Persons not eligible for grant of license-The following persons are not eligible for grant of licenses-

(a) persons below the age of twenty one years;

(b) persons who are undischarged, insolvents or who have been convicted of offences under the provisions of the Act or Narcotics Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) or convicted of non-bailable offences or habitual offenders;

(c) persons who are in arrear of any Public or Government dues ;

(d) holder of any liquor bottling license or producer / manufacturer of alcohol;

3 Substituted by U. P. Excise (SETTLEMENT OF PREMIUM RETAIL VENDS OF FOREIGN LIQUOR)(First Amendment) Rules, 2021

(e) holder of any whole sale license of Foreign Liquor;

( an advocate registered with bar council or a doctor or a company secretary or a chartered accountant ;

5. Applicant for license-Only such persons shall be eligible to make an application for license

(a) is a citizen of India ;

(b) is a company registered under the companies Act, 1956 ;

(c) is a company established under companies Act, 2013;

(d) is a partnership firm registered under the Partnership Act, 1932, whose partners are residents of

(e) is a registered sole proprietorship firm;

(f) is a Limited Liability Partnership (LLP) firm;

(g) is a society registered under Societies Registration Act, 1860;

(h) is above 21 years of age, if an individual.

6 4 . Restrictions on the grant of license- A license shall not be granted unless-

(a) the applicant is in actual possession of a shop measuring at least 500 sq feet carpet area in a mall. If the proposed premises are being utilized by an individual or institution other than the owner of the property and building, the lease or rental agreement shall be registered.

(b) the premises of the shop is not within a distance of 500 metres of the outer edge of the National or State highway or its service lane along the highway and the premises shall not be either visible or directly accessible from such National or State highway.

Provided that in areas under local bodies having a population of 20,000 or less, the minimum required distance shall be 220 metres;

Provided Further that no new license of premium retail vend shall be granted within 200 metres radius of any model shop (FL-4A) and foreign liquor shop (FL- 5D). This restriction shall not be applicable to the previously granted licenses of premium retail vend;

(c) the premises of the shop is not within prohibited distance contrary to the provisions of sub-rule( (4of rule 5 of the Uttar Pradesh Number and Location of Excise Shops Rules,.1968

(d) the applicant has a license under the Food Safety and Standards Act, 2006 issued by the competent authority.

(e) the premises of the shop has a valid certificate of fire security issued by competent authority.

7. Application for grant of license-(1) An application for license shall be made to the District Excise Officer in the prescribed form along with the following documents:

(a) Non-refundable application fee;

(b) Proof of lawful possession of the premises: ownership/lease/rental documents etc ;

(c) A layout plan of the proposed premises, clearly showing the proposed shop;

(d) Security Amount;

(e) Two years Income Tax/VAT/GST documents ;

(f) Self-attested copies of PAN Card & Aadhar Card ;

(g) copy of registration certificate issued by Food Safety and Standard Authority of India under Food Safety and Standard Act 2006;

4 Substituted by U. P. Excise (SETTLEMENT OF PREMIUM RETAIL VENDS OF FOREIGN LIQUOR)(Third Amendment) Rules, 2025

(h) Character certificate issued by Commissioner of Police or an officer nominated by him not below the rank of Superintendent of Police/Senior Superintendent of Police/ Superintendent of Police of the concerned district;

(i). solvency certificate issued by the competent authority.

(2) Applicant shall furnish an affidavit duly verified by public notary-

(a) that he is owner or lessee of premises or he has lease deed or consent letter of owner of the premises in accordance with the provisions of Uttar Pradesh. Number, and Location of Excise Shop Rules, 1968 as amended from time to time;

(b) that he and his family members possess good moral character and have no criminal background and have not been convicted for any offence punishable under United Provinces Excise Act, 1910 or Narcotics Drugs and Psychotropic Substances Act, 1985 (Act no 61 of 1985) or any other cognizable and non-bailable offence or has been externed under U.P. Control of Goondas Act, 1970 (U.P. Act no. 8 of 1971);

(c) that he shall produce character certificate issued by Commissioner of Police or an officer nominated by him not below the rank of Superintendent of Police/Senior Superintendent of Police/ Superintendent of Police of the district of which he is the resident, showing that he as well as his family members possess good moral character and: have no criminal background or criminal record, in case of applicant being partnership firm/company, every partner of the firm/director or manager or managing agent or a managing director of the company has a certificate issued by Commissioner of Police or an officer nominated by him not below the rank of Superintendent of Police/Senior Superintendent of Police/ Superintendent of Police of the district of which he is the resident, showing that he as well as his family members possess good moral character and have no criminal background or criminal record;

(d) that he shall not employ salesman or representative who has criminal background or has infectious diseases or is below twenty one years of age or a woman;

(e) that he is not in arrear of any Public or Government dues ;

(f) that he is solvent and has the necessary funds or has made arrangements for the necessary funds for conducting the business, the details of which shall be made available to licensing authority if required;

(g) that he is neither holder of any liquor bottling license nor producer / manufacturer of Alcohol nor a holder of wholesale license;

(h) that he is not an advocate registered with bar council or a doctor or a company secretary or a chartered accountant. If he is found to be any of the above after getting the license, then the license shall be cancelled;

(i) that he is not a Government servant. In case of being found Government servant, his license shall be cancelled;

(j) that the premises of his establishment does not fall within.purview of buffer zone prohibited zone of National/State Highway;

(k) that he has proper and sufficient space for parking of vehicles and shall not cause traffic nuisance and in case of being found, his license shall be cancelled;

(1) that he shall provide certificate issued by competent authority for proper arrangement to fire 'safety in premises.

8 5 - Payment of Licence Fee -Within three days of receipt of information of sanction of licence, the applicant shall deposit the licence fee prescribed by the state Government from time to time.

A security amount, shall be deposited through F.D.R/Bank Guarantee or e-payment within ten working days.

Provided that if the security amount is not deposited within the prescribed period, a penalty of Rs. 2000/- per day shall be imposed. Only a period of 15 days shall be allowed to deposit security amount along with penalty:

Provided further that if applicant fails to deposit the license fee or security amount within stipulated time period, his license shall stand cancelled.

9. Issue of License-(1) The licensing authority, after satisfying himself that the license fee and security has been deposited shall issue the license, under the signature and the seal of his office.

(2) The licensing authority may accept or reject the application without assigning any reason and shall be under no obligation to grant license. In case an application is rejected, security amount shall be refunded within a period of ninety days.

(3) Only one license shall be granted to an individual, partnership firm, company or a society. However this restriction shall not apply to companies owning a chain of Malls.

(4) The holder of the license shall not be eligible for any other wholesale license.

10. Cancellation of sanction of license for default of the applicant (1) Where a person in whose favour license has been sanctioned does not deposit the license fee or security amount as prescribed under these rules or is not found in actual possession of the proposed shop within the stipulated period of the receipt of the sanction, the licensing authority may cancel the license and forfeit the license fee and security amount deposited by him.

(2) Where it is brought to the notice of the licensing authority :

(a) that the applicant suffers from any of the disqualifications mentioned under these rules ;

(b) that the sanction for grant of license has been fraudulently obtained by the applicant by hiding the material facts, the licensing authority shall after giving a reasonable opportunity of being heard to the applicant, cancel the sanction issued for grant of license and forfeit the fees and security amount paid by him.

11. Powers to reject application-Notwithstanding anything contained in these rules, the licensing authority shall be competent to reject any application for license without assigning any reason whatsoever.

12. Renewal of license-(1) A license granted under these rules shall expire after the 31st day of March every year.

(2) The license may be renewed with the consent of licensee for the next excise year on such terms and conditions as may be determined by the State Government.

13 6 - Mutation of license on death of a licensee(s)-

(1) A license may be held by an individual or may be held jointly by two or more partners.

5 .Substituted by U. P. Excise (SETTLEMENT OF PREMIUM RETAIL VENDS OF FOREIGN LIQUOR)(Third Amendment) Rules, 2025 6 Substituted by U. P. Excise (SETTLEMENT OF PREMIUM RETAIL VENDS OF FOREIGN LIQUOR)(Third Amendment) Rules, 2025

(2) A licensee may submit a nomination affidavit regarding the transfer of license mentioning the names of his heirs/family members/close relatives, Aadhaar number, relation etc. in first, second, third etc. order of preference.

In case of death, the applications submitted as per the nomination affidavit shall be considered first, otherwise action will be taken as per the rules.

An affidavit duly verified by notary public as a proof of aforesaid intent shall be submitted in the office of the licensing authority.

(3)In the event of death of licensee or one of partners, where there is no nomination affidavit, then on an application made to the licensing authority, the license may be mutated in the name of the survivors along with the legal heir(s) of deceased, subject to fulfilment of eligibility conditions:

Provided that they are not found otherwise ineligible after considering the application made for the mutation of license.

No distinction will be made between the legal liabilities of the partners who will be jointly and severally responsible.

14. Hours of Business-The Licensee shall transact business from 10.00 AM to 10.00 PM. Provided that the Excise Commissioner with the approval of the Government may bring about any change during the course of license period in the hours of business and the licensee shall observe such changed timings accordingly.

15. Dry Days- The Licensed premises shall be closed and no business shall be transacted on the following days which are declared as dry days :

(a) 26th January - Republic day

(b) 14th April - Ambedkar Jayanti

(c) 15th August - Independence day

(d) 2nd October - Gandhi Jayanthi and

(e) up to 3 more days as notified for closure by the Licensing Authority Licensing Authority may also order for closure of shop on account of law and order or General Election related activity under the provisions of relevant laws;

Provided that the licensee shall not be entitled to any compensation whatsoever for the closure of the licensed premises on the above grounds.

16. Disposal of unsold/remainder stock at the expiry of financial year-Any balance stock of Foreign Liquor found outstanding and unsold at the expiry of the financial year, shall be declared by licensee to the licensing authority on the next day of expiry of financial year.

The disposal of such stock shall be made as per directions of the Excise Commissioner in this regard.

17. Disposal of stocks on cancellation or non-renewal or surrender of license-In case the license is cancelled or surrendered during the continuity of the period of license or is not renewed on its expiry, the licensee shall forthwith intimate the stock of foreign liquor held in balance at the licensed premises to the Licensing Authority and dispose the balance stock only under directions given by the Excise Commissioner.

18 7 - Sale of only duty paid foreign liquor-

(1) The licensee shall sell only, (a) Overseas foreign liquor brands, (b) IMFL brands of Scotch or above category (c) all categories of brandy, Gin and wine, (d)brands of vodka, rum and beer with maximum retail price as prescribed by Excise Commissioner with previous approval of State Government and (e) all brands of LAB.

7 1.Substituted by U. P. Excise (SETTLEMENT OF PREMIUM RETAIL VENDS OF FOREIGN LIQUOR)(Third Amendment) Rules, 2025

Provided that all these eligible brands can be sold in all SKUs(Stock Keeping Units) permitted by Excise Commissioner.

(2) The licensee shall procure Foreign Liquor from license holder of FL-2, FL-2B, BIO- 1 or from any licensee authorized by the Excise Commissioner. In case of nonavailability of any type of brands of overseas foreign liquor at importing units, authorized persons may procure these brands under special permission of Excise Commissioner from custom bonds established in other states or Union Territories under provisions of import of overseas foreign liquor in Uttar Pradesh Rules 2003.

(3) The licensee shall not sell any foreign liquor to any person for consumption "on" the premises and shall not sell any foreign liquor to any other licensee.

(4) The licensee shall sell only those brands of imported foreign liquor and IMFL which are registered for sale in Uttar Pradesh in sealed bottles/packs and sizes as approved by Excise Commissioner.

(5) The licensee shall not stock or sell in the licensed premises foreign liquor except stocks purchased from the permitted wholesalers / BIO-1, of any kind which he is not authorized to buy, stock or sell under the provisions of the Act or the rules, regulations or orders made there under.

(6) The licensee shall not stock foreign liquor in any place other than the licensed premises. The licensee shall be held responsible for any foreign liquor unauthorized kept outside or nearby the licensed premises.

(7) The licensee shall transport foreign liquor to the license premises through transport passes issued under relevant rules.

(8) Every bottle of foreign liquor in the shop shall carry labels prescribed by the Excise Commissioner on the cap of the bottle in addition to the manufacturer's label and security code.

(9) Only brands of vodka and rum having maximum retail price of Rs. 700 per 750 ml or more and brands of beer having maximum retail price of Rs. 140 per 500 ml can or more shall be allowed for sale.

(10)(a) Premium retail vend shall also be allowed inside airports and metro stations/railway stations after getting no objection certificate from the competent authority. Entry and exit gates of such shops shall be from inside the main building.

(b) Only wine tasting facility shall be allowed in a separate room at premium retail vend shops and sale in the tasting room shall be prohibited.

(c) Sale of liquor accessories, as may be determined by the Excise Commissioner, shall also be allowed at premium retail vend shops.

(d) If the licensee fails to lift liquor (foreign liquor, wine and low-strength alcoholic beverages) at least equivalent to monthly minimum guaranteed revenue in any month, he shall be required to deposit additional security equivalent to the outstanding revenue of the respective month within 10 days, failing which the license shall be automatically cancelled and the process of recovery of outstanding revenue will be initiated as per rules. The unsold stock at the shop shall also be seized:

Provided that in case additional security equivalent to the outstanding revenue of the respective month/quarter is deposited within time, lifting can be made by the licensee equivalent to the revenue fixed for the next month as well as equivalent to the outstanding revenue of the previous month/quarter. If lifting is made equivalent to the total revenue fixed for any month/quarter, the additional security deposited earlier shall be refunded immediately by the District Excise Officer in case there is no other outstanding balance. Compounding action shall be taken if lifting is not made in the next month/quarter equivalent to the required revenue inclusive of outstanding revenue of the previous month/quarter.

19. Foreign liquor not to be adulterated-(1) The foreign liquor offered for sale or stored in the licensed premises shall not be of sub-standard, deteriorated, spurious or adulterated and the licensee shall not tamper with the Indian Made Foreign Liquor and Foreign Liquor in any manner so as to alter their quality, strength, nature or quantity.

(2) In any inspection by any officer competent for the inspection, if it is found that any foreign liquor is unfit for use, sub-standard, adulterated or spurious or in respect of which it is believed that some substance has been admixed so as to make it unfit for consumption by any process or manner then inspecting authority may stop it from being sold and seize the same forthwith and take necessary further action as per the provisions of the Act.

20. Accounts to be maintained by all licensees-Every licensee shall maintain a correct account of all his transactions in the prescribed proforma.

21. Statement of settled shops-A statement of the settled Premium Retail Vends along with shopwise details, names and addresses of the licensees, security amount/ license fee deposited and geo location of Premium Retail Vends, shall be sent by the District Excise Officer to the Excise Commissioner within fifteen days of the settlement or by 15th April of financial year whichever is later,

22. Surrender of license-A licensee may surrender his license after giving at least one month's notice in writing to the licensing authority and on receipt of such notice the licensing authority will take steps for recovering all outstanding excise dues from his security deposit and refund the balance amount.

23. Compounding of Offences-The licensing authority may compound the offences committed and punishable under the Act mentioned in column-2 with the amounts specified in column 3, 4 and 5 of the schedule below:

S.

No Types of violation For first offence For second offence For third offence 1 2 3 4 5 Rs. Rs. Rs.

1 Shop being found opened before or after the stipulated time.

2,500.00 3,000.00 5,000.00 2 Unauthorized salesman found to be selling liquor 5,000.00 7,000.00 10,000.00 3 Stock register not produced when asked for 10,000.00 15,000.00 20,000.00 4 Stock register found incomplete. 10,000.00 15,000.00 20,000.00 5 Tempering with bottles and quarters or their labels or bar code, pilfer proof cap or seals .

10,000.00 15,000.00 20,000.00 6 Shop being found having recourse to inducement to the customer with a view to increasing sales such as dancing or gambling.

5,000.00 7,000.00 10,000.00 7 Storage of duty paid stock in an unauthorized premises.

20,000.00 25,000.00 30,000.00 8 Duty paid stock being found in excess of account.

25,000.00 30,000.00 50,000.00 9 Found selling of loose liquor 5,000.00 10,000.00 15,000.00 10 Found making sale of liquor during days of 30,000.00 prohibition and closure, 30,000.00 40,000.00 50,000.00 11 Any alteration in the premises without permission.

20,000.00 25,000.00 30,000.00 12 Non displaying of essential information according to rule or displaying faulty information on the signboard installed outside and inside the premises.

5,000.00 10,000.00 20,000.00 13 On being found no proper arrangement of 2,000.00 5,000.00 10,000.00 cleanliness.

14 Found selling liquor above MRP 75,000.00 1,50,000.00 Proceeding of cancellation of license 15 15 Any other irregularity, which is not mentioned 2,000.00 under serial-01 to 13.

2,000.00 5,000.00 10,000.00

24. Suspension or cancellation of the license-(1) Licensing Authority may suspend or cancel the license;-

(a) if any bottle is found in licensed premises on which consideration fee has not been paid and which does not carry security code duly approved by the Excise Department;

(b) if any other kind of liquor or intoxicating drug (for which license is not granted) is found in the licensed premises or if any other business is found to be carried on;

(c) if any liquor of intoxicating drug is found in the possession of the licensee against the provisions of the Act or rules ;

(d) if the Affidavit submitted by the licensee at the time of application is found incorrect and assertions made therein are found to be false:

(e) if the licensee is convicted of any offence punishable under the Act or of any cognizable and non-bailable offence, or any offence punishable under Narcotics Drugs and Psychotropic Substance Act, 1985 (Act no 61 of 1985) or has been externed under U.P. Control of Goondas Act, 1970 (U.P. Act no. 8 of 1971);

(f) if any bottle /container is found in the licensed premises on which maximum retail price is not printed ;.

(g) if it is found that the license has been obtained in a false name and the licensee is holding the license on behalf of some other person;

(h) if any adulteration or dilution of liquor or mixing of low category liquor with high category .liquor is found in the licensed premises;

(i) if any caramel, colour, essence or barcode/ security code, label, capsule, seal or other illegal material is found in license premises.

(2) The Licensing Authority shall immediately suspend the license and also serve a show cause notice for cancellation of license and for forfeiture of security deposit.

The licensee shall submit his explanation within seven days of the receipt of notice.

Thereafter, the licensing authority shall pass suitable order after giving reasonable opportunity of hearing to the licensee, if he so desires.

(3) In case the license is cancelled for any violation of the rules and the conditions of license, the license fee and security deposited by him shall stand forfeited in favour of the Government and the licensee shall not be entitled to claim any compensation or refund for suspension or cancellation of license under this rule. Such licensee may also be blacklisted and debarred from holding any other excise license.

25. Removal of difficulties-If there is any doubt or dispute regarding the application or interpretation of any of these rules, the decision of the Excise Commissioner thereon shall be final.

8 F.L. - 4 (C) 8 1.Substituted by U. P. Excise (SETTLEMENT OF PREMIUM RETAIL VENDS OF FOREIGN LIQUOR)(2nd Amendment) Rules, 2022 Premium Retail Vend license for the Retail Sale of Foreign Liquor in sealed Bottles/Packs for consumption "off" the premises.

(Under Rule -7) Photo of applicant Photo of premium retail vends Latitude/Longitude of premium retail vends----------------------------------------- License No---------------------------------------------------------------------------------- Name of premium retail vends ---------------------------------------District----------- License fee Rs---------------------(in figures)---------------------.. (in words)--------------- Security amount Rs...... ---------------------(in figures)---------------------.. (in words)---------- Description of premises (with boundaries) - North ------------------------------------------------ South------------------------------------------------- East ----------------------------------------------------- West ------------------------------------------------------ Name, Father's Name & Address of Licensee(s)- I.--------------------------s/o-------------------------------.R/o.------------------------ 2---------------------------s/o-------------------------------.R/o.------------------------ Name, Father's Name & Address of Salesmen- I.--------------------------s/o-------------------------------.R/o.------------------------ 2---------------------------s/o-------------------------------.R/o.------------------------

3.--------------------------s/o-------------------------------.R/o.------------------------ 4---------------------------s/o-------------------------------.R/o.------------------------ Premium retail vend license for the retail sale of Foreign Liquor in sealed standard:

bottles for consumption "off" the premises is hereby granted to above license holder(s) at --- ----------------(Place) in P.S.----------------------------- Tehsil ---------------------------- in the District of -------------------- w.e.f---------------------------------- to March 31, 20........ for which license fee and security deposit has been made in accordance with rule-8.

The license is subject to the following special & general conditions, the infraction of any of which or a conviction of the licensee(s) for any offence under the UP Excise Act, 1910 or Narcotic Drugs and Psychotropic Substances Act, 1985 or externment under U.P.

Control of Goondas Act, 1970 shall make the license liable for cancellation, forfeiture of the license fee and security deposit, in addition to any penalties imposed under the relevant laws.

General and Special Conditions i- The licensee shall procure Foreign Liquor from license holder of FL-2, FL-2B, FL-2D or from any licensee authorised by the Excise Commissioner, after making full payment of price of liquor including all taxes, consideration fee, cess, etc. leviable from time to time. In case of non-availability of any brand in wholesale license of FL-2, FL-2B FL-2D, the licensee may procure the foreign liquor from custom bond warehouse with prior approval of licensing authority.

ii- Maximum retail price shall be printed on the label of bottles of Foreign Liquor. The retail licensee shall not charge more than the printed MRP.

iii- Sale of foreign liquor,, beer wine and low alcoholic beverages on licensed premises shall be made only for consumption "off" the premises. Drinking of liquor is prohibited in the premises.

iv- The sale of Foreign Liquor shall be made in sealed bottles/cans of standard capacity of prescribed strength which carry labels and security code prescribed by the Excise Commissioner.

v- The licensee shall maintain a regular and accurate daily account in the form and register (FL- 25A), as prescribed by the Licensing Authority. The licensee shall also furnish account of sales etc. and facilitate and provide the material and documents as required by the inspecting authority.

vi- The licensee shall store entire stock of Foreign Liquor in the licensed premises only.

vii- The licensee shall affix conspicuous signboard at the entrance to the premium retail vend in the form/size approved by the Excise Commissioner bearing the name of the licensee, designation, location of premium retail vend, period of license, opening and closing time of vend and such other information as prescribed by Licensing Authority in bold letters.

viii- The signboard will also display the following information :

"Consumption of liquor is prohibited outside near the premises of premium retail vend or at public places. Any contravention in this regard shall be punishable" "Drunken driving can be fatal, please do not drink and drive."

ix- It shall be strictly prohibited to carry arms in the licensed premises.

X- The licensee shall not employ any person as salesmen who is below 21 years of age or is suffering from any infectious and/or contagious disease, or has criminal background, or a woman.

xi- The licensee shall not make sale to any purchaser in quantity more than 6 litres of foreign liquor, bottled in India and imported, each separately inclusive of whisky, brandy, rum (including white rum), gin and vodka; 3 litres of wine, bottled in India and imported, both separately; 2 litres of other kind of Indian/imported liquor; 7.8 litres of Beer, bottled in Índia and imported, each separately; as well as 6 litres of LAB at a time except under permit.

xii- Sale shall not be made to a person below the age of 21 years or a Government official in uniform.

xiil- The licensee is strictly forbidden under any pretext whatsoever from tampering with bottles, their labels, security code and pilfer proof seals.

xiv- The licensee shall not keep in his licensed premises any spirit, caramel, colour, essence, security code, labels, capsules, seals or any other noxious material.

XV- The licensee is strictly forbidden from having recourse to any form of blandishment or inducement to the customer with a view to increase his sales, such as dancing floors or gambling.

xvi- The licensed premises shall remain open for sale on all days from 10.00 am to 10.00 pm except on 14th April (Ambedkar Jayanti), 15th August (Independence Day), 2nd October (Gandhi Jayanti), 26th January (Republic Day), and up to 03 more days as notified for closure by the Licensing Authority. The Licensing Authority may also order for closure of premium retail vend on account of law and order or general election related activity under the provisions of relevant laws. No compensation shall be given for the closure of premium retail vend on above dates/days.

xvii- The licensee shall not be allowed to carry on any other business on the licensed premises except sale of foreign liquor, beer, wine and low alcoholic beverages for which license is granted.

xviii- The licensee shall on expiry of the license, report to the licensing authority for disposal of balance stock which will be disposed of in accordance with rule-16.

xix- No country liquor or any other substance shall be stored in licensed premises of premium retail vend.

XX- The licensee can install a dispensing machine for sale of foreign liquor.

xxi- The licensee shall abide by the general or specific instructions issued by the Excise Commissioner or licensing authority from time to time.

Date ----------------------- District ------------------- Licensing Authority ---------------------- NOTES THE UTTAR PRADESH EXCISE (SETTLEMENT OF LICENSES FOR PREMIUM RETAIL VENDS OF FOREIGN LIQUOR) RULES, 2020,published in U.P. Gazette, Extra part -1,Section(ka) dated 29ebZ2020 have been amended by the following Rules- -First Amendment - The U.P. Excise (SETTLEMENT OF LICENSES FOR PREMIUM RETAIL VENDS OF FOREIGN LIQUOR) (First Amendment ) Rules,2021,vide Excise Commissioner Notification No.3924/X-Licence-171/F.L.

Premium Retail Vends/2021-2022dated 31May,2021,published in U.P. Gazette, Extra part -1,Section (ka) dated 31 May 2021 -Second Amendment - The U.P. Excise (SETTLEMENT OF LICENSES FOR PREMIUM RETAIL VENDS OF FOREIGN LIQUOR) (Second Amendment ) Rules,2022 ,vide Excise Commissioner Notification No.4285/X-Licence-171/F.L.

Premium Retail Vends/2022-2023dated 28,June,2022,published in U.P. Gazette, Extra part -1,Section (ka) dated 28,June,2022 -Third Amendment - The U.P. Excise (SETTLEMENT OF LICENSES FOR PREMIUM RETAIL VENDS OF FOREIGN LIQUOR) (Third Amendment ) Rules,2025 ,vide Excise Commissioner Notification No.347X-Licence-171/F.L. Premium Retail Vends/2024-2025dated 09,May,2025published in U.P.

Gazette, Extra part -1,Section (ka) dated 09,May,2025

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Uttar Pradesh Excise Settlement of Licenses for Premium Retail Vends of Foreign Liquo… is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.