Madras High Court· 08 September 2026
Does the minimum distance from a highway laid down for liquor shops apply equally to a recreation club seeking an FL-2 licence?
Mohanraj v. The Commissioner
WP(MD).19368/2026 · 2026:MHC:3660 · W.P. (MD) No.19368 of 2026
Coram: Justice C.V. Karthikeyan · Justice R.Sakthivel
Answer
The minimum distance from a highway laid down for liquor shops applies equally to a recreation club seeking an FL-2 licence.
Yes. The minimum distance from a highway laid down for liquor shops applies equally to a recreation club seeking an FL-2 licence. G.O. (Ms.) No.32 dated 21 May 2018 requires that for establishments not located in a municipal area the distance criteria laid down by the Supreme Court be followed, so the guideline framed in terms of a liquor shop governs an FL-2 club as well.
Headnote
Constitution of India — Art.226 — Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 1981 — r.8 — Tamil Nadu Liquor (Licence and Permit) Rules, 1981 — FL-2 licence — Recreation club — Distance from National Highway —
Liquor licensing — Distance from a highway — Aerial distance alone is reckoned —
Held: In reckoning the distance of a liquor outlet from a highway only the aerial distance is taken; the distance a vehicle or person must actually travel to reach the outlet is insignificant. (¶13)
Liquor licensing — Minimum distance — Premises visible from or accessible off a highway —
Held further: No licence for the sale of liquor can issue for premises visible from or directly accessible from a National or State Highway, and in local bodies with a population of 20,000 or less the prohibited distance is 220 metres. (¶12)
FL-2 licence — Recreation club — Distance guideline applies alike —
Held further: Though the guideline speaks of a liquor shop, it governs equally a recreation club applying for an FL-2 licence outside a municipal area. Writ petition allowed; the shop was ordered closed and the licence restrained. (¶14, 15)
Headnote
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Paragraph 14Further, as regards the ninth respondent's recreational club, this Court deems fit to rely on G.O. (Ms.) No.32, Home, Prohibition and Excise (VI) Department dated May 21, 2018, whereof Paragraph No.19 reads thus: "19.The Commissioner of Prohibition and Excise has further stated that, no licenses for sale of liquor are granted in the State of Tamil Nadu for standalone restaurants. Licenses are granted to clubs (FL2) for supply of liquor to members. FL3 is a license for possession of liquor by the Star Hotels for supply to persons for consumption within the licensed room of the Hotel or for removal to their private rooms in the same hotel in which they stay, for consumption there, the hotel has to have a minimum of 20 rooms and essentially cater to the requirements of persons staying in these rooms. FL3A and FL3AA are licenses granted to hotels of Tamil Nadu Tourism Development Corporation and franchises of Tamil Nadu Tourism Development Corporation respectively, where there is a condition that liquor should be supplied only to persons staying in the hotels concerned. FL4, FL4A and FL5 are licenses granted for supply of liquor to Military Units / Military personnel / Ex-servicemen / Officers of Seamen’s Merchant Navy. FL6 is a licence granted for issue of liquor for Scientific Industrial or such like purposes. FL7 is a license for sale of wine, grape juice or liquor for sacramental purpose. FL8, FL9 and FL10 are licenses which given for the possession and sale of liquor within an Airport. Hence, for these category of licenses, the Government may issue instructions to the licensing authority to consider the applications from establishments for new / renewal of licenses on a case by case basis as per the Tamil Nadu Liquor (License and Permit) Rules, 1981, if the applications are located within the municipal area or an area mentioned in Para 15 above. In the case of applications from establishments who are not located in a municipal area or an area mentioned in Para 15 above, the distance criteria on/from the Highways, laid down by the Hon'ble Supreme Court in its orders dated 15.12.2016 and 31.03.2017 needs to be followed." [Emphasis supplied by this Court] 14.1. Hence, it is clear that though the Hon'ble Supreme Court in its afore-cited Judgment uses the term 'liquor shop', the guideline laid down thereunder is applicable to the ninth respondent's recreational club seeking FL-2 license.
Acts & Sections
Art.226 Constitution of Indiar.8 Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 1981Tamil Nadu Liquor (Licence and Permit) Rules, 1981One judgment a day. That's the whole habit.
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