Saying goodbye to your worries and ringing in a new year devoid of problems is the spirit of partying during New Years.
Saying goodbye to your worries and ringing in a new year devoid of problems is the spirit of partying during New Years. And as Mumbaikars eagerly await the buzz and cheer of the occasion with grand plans of outdoor and house parties or a trip to the coolest dos in town, the last thing anyone wants is for the celebration itself to turn into a bucket load of problems. Be it neighbours’ complaining about loud music or the police pulling you up for lack of proper permits or even the classic case of drinking and getting behind the wheel — partying without adhering to certain rules can land you in a whole lot of hot water. However, experts — including the police, lawyers and even party organisers — tell us that all it takes to ensure there aren’t any problems are a few prudent checks ahead of having fun. So if you are partying this week, keep in mind these possible problem areas and steer clear, as this may make all the difference between good or bad start to 2016.
What can go wrong If you are considering organising a party the last thing you want is to attract the law to your door. But getting chided by the cops or having your woofer cables pulled out isn’t the worst that could happen. As legal expert Siddhartha Shah points out, some infractions can even land you behind bars. “While it doesn’t involve iron clad laws, there are a number of rules or guidelines as laid down by the High Courts and the Supreme Court. These cover loud music, alcohol licences and age restrictions. So the most important point to consider is getting your NOC (No Objection Certificate) in place before you organize your bash. While there is no statutory law in place that makes an NOC mandatory, it is prudent to get one in any case.”
The good news is that getting an NOC isn’t as cumbersome a process as you may imagine, says Dipanker Nag, a party organiser in the city. Dipanker tells us, “These days the procedures are very simple. Although it still isn’t something that can be done online, the process isn’t as lengthy as it used to be and anyone can get a licence. Licensing is subject to whether you’ll be serving liquor, the location of the party, sound limits and so on. The license is not for any particular location but for a particular day, so things that will be considered are — the locality, whether or not it is residential, the themes and intended guest age-group and the footfalls that are expected.”
For hosting a party, even in the confines of one’s own house with alcohol, people in Mumbai need a liquor licence, which can be obtained on the spot from the Excise Inspector at the State Excise Department’s office. The licence for house parties currently costs Rs 5 per day.
However, for larger gatherings outside the confines of one’s house (For example, a housing society New Year bash on a building terrace) where liquor is being served, a temporary club license has to be obtained, which costs Rs 13,500 for one day and can also be obtained on the spot from an Excise Inspector.
The home owner can apply for the licence in case of a house party. This is because in Maharashtra (all districts except Wardha) consumption, possession or transport of liquor without a licence is still illegal under the Bombay Prohibition Act.
What you shouldn’t do: Every year, while revellers are busy dealing with hangovers the next day, the police find themselves inundated with cases of partying-gone-wrong. Imbibing a bit too much of the good stuff and getting behind the wheel is the most common case, says, DCP Detection Dhananjay Kulkarni. “Don’t drink and drive. This is the most violated of the laws. Secondly, partygoers should behave themselves in public; especially, men shouldn’t misbehave with women. Finally, follow traffic rules, many-a-times, revellers park their vehicles randomly and this causes road congestions. These are the three cardinal principles that one should keep in mind during New Year festivities. Violation of any of these rules can amount to a cognisable offence,” DCP Kulkarni says.
But more than partygoers, the responsibility of making sure that nothing goes wrong rests with party-organisers, says DCP Pravinkumar Patil. “I hope party organisers stick to the rules. First, they should have all regulations cleared from our licensing authorities. They should not allow minors into their parties and do not let them have intoxicating substances like liquor. The organisers should avoid any acts of obscenity because often minors get caught up in the mess.”
Fines and penalties: Drinking and driving: While cases where alcohol level is less than 30 mg are not considered an offence, exceeding that limit may warrant a minimum punishment of Rs 2,000 fine or/and six months in jail and a maximum of Rs 10,000 fine plus four years jail for repeat offenders with above 150 mg of blood alcohol level.
However, in case of loss of life caused by drunk driving, the offenders are charged with Section 304A (Causing death by negligence) and in some cases they can even be charged with Section 304 (II) Culpable Homicide not amounting to murder for which the punishment is imprisonment up to 10 years/fine or both, along with compensation to relatives.
Playing loud music/noise pollution: On normal occasions, loudspeakers can be played between 10 am to 6 pm. However, on festive occasions this is relaxed till midnight. Any noise above 45 Db can be considered noise pollution at any time of the day and the perpetrator can be charged a fine of Rs 1 lakh and/or imprisonment up to five years.
Age limits for drinking: Wine (no limit), beer (21) and hard liquor (25)
