The Allahabad High Court’s Lucknow Bench has ruled that restaurants, cafes and other public establishments in Uttar Pradesh cannot serve hookah to customers, even inside designated smoking areas.
A division bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary dismissed a batch of petitions filed by restaurant and hookah bar operators seeking permission to provide hookah services in designated smoking areas.
Hookah Service Not Allowed in Smoking Zones
The court held that a designated smoking area provides only a limited exception to the general ban on smoking in public places. It does not allow establishments to commercially provide services inside such areas.
The ruling relies on Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008, as amended in 2017, along with the Cigarettes and Other Tobacco Products Act (COTPA), 2003. The 2017 amendment changed the wording from “any other service” to “any service,” which the court said broadens the restriction.
Court Rejects Self-Service Argument
The petitioners argued that customers could operate a ready-to-use hookah themselves, describing the arrangement as self-service or rental of an apparatus.
The court rejected this argument. It held that preparing and operating a hookah involves activities such as filling tobacco, preparing the apparatus, placing charcoal and maintaining the hookah. According to the court, these activities constitute a service even if the customer ultimately operates the hookah.
The ruling also makes clear that establishments cannot avoid the restriction simply by changing how they describe the transaction.
No Separate Licence for Hookah Bars
The court further clarified that the Food Safety Department and municipal authorities do not have the power to issue separate licences authorising hookah bars.
At the same time, the court upheld the enforcement powers available to police under COTPA, including action involving searches and seizures where legally applicable.
Clean Air Rights Cited by Court
The bench also emphasised the right of non-smokers to breathe clean air in public places. It held that commercial interests cannot override statutory restrictions on smoking-related activities in public establishments.
The court directed that a copy of the judgment be sent to the Uttar Pradesh Chief Secretary and Director General of Police for necessary compliance.
5 Key Takeaways
- Hookah cannot be served in restaurants, cafes or other public establishments in UP.
- Designated smoking areas do not permit commercial hookah service.
- The court rejected self-service and rental arguments made by petitioners.
- Food and municipal authorities cannot issue separate licences for hookah bars.
- The judgment has been sent to senior UP government and police officials for compliance.
