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Beverage Licences

Beverage Licences

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Published by samismith
types of licences in india
types of licences in india

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Published by: samismith on Sep 26, 2011
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Grant of L-1 Licence:
Every year Government of Delhi formulates the Excise Policy and in pursuance to this policy all theliquor Licences (L-1) are granted for the wholesale vending to a Company or a society or apartnership firm or proprietorship firm provided the applicant owns distillery / breweries /manufacturing units/bottling plants.The applications for the grant of Licence are invited through the public notice published in some of the leading newspapers. An application for the grant of L-1 Licence is required to be made inresponse to the public notice in the prescribed format together with its Appendices ('B' and 'C') tothe Collector of Excise. The prime job of L-1 Licensee is to supply liquor to the holders of L-2, L-3, L-4, L-5, L-19 and L-19 A, L-52, L-53 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 theterms and conditions for the grant of L-1 Licences which are made available in the Office during thenotice period. The applicant has to submit the following documents alongwith the application on theprescribed format :
1.Solvency Certificate from SDM (except in case of a Public Ltd. Co.)2.Income Tax Clearance Certificate3.No Dues Certificate from Collector (Excise)4.No Dues Certificate from Sales Tax Office5.Declaration of distillery on affidavit regarding sale and minimum ex-distillery pricesand distance of distillery from Delhi.6.Chartered Accountant's Certificate for sale and minimum ex-distillery prices.7.Certificate from Excise Authority concerned regarding sale figure.8.Power of Attorney9.Registered partnership deed/memorandum and Article of association /(Distillery/Winery/Bottling Unit/Brewery).10Duly audited annual account and balance sheet of distillery.11.Attested copy of the licence for establishment of distillery/winery/bottling unit/brewery.12.Attested photocopies of export passes/EVCs verifying the sale figure of the whisky andrum brands for which distillery has applied.13.Trade Mark Certificate.14.Usership agreement under Trade & Merchandise Marks Act, 1958.15.A certificate from a government authorized laboratory or other reputed privateinstitutions regarding quality of brand.16.An affidavit stating that there is nothing adverse or against the applicant in view of the provision of rule 7 of Delhi Intoxicants License and Sale Rule, 1976.17.Documentary evidence to prove that the product is manufactured from natural alcohol(Double distilled) Extra natural alcohol.
The IMFL/beer brands proposed to be sold by applicant on L-1 Licence should be owned by thedistillery and in respect of IMFL brands excluding wine, the applicant should be in possession of trade mark certificate in respect of these brands.In addition, for approval of whisky and rum brands, such brands should have sold a prescribedminimum quantity in All India Market excluding Delhi as indicated in the terms and conditions. Forthe year 2009-2010 the minimum sale criteria as per maximum retail price for each quarts bottle
are given below:-
Whisky Brands
S.No.Retail Price SegmentMinimum Sale Required1.Upto Rs. 100/-50,000 cases2Rs. 101 to 250/-75,000 cases3.Rs. 251 to 400/-30,000 cases4.Rs. 401 and aboveNil
Rum Brands
S.No.Retail Price SegmentMinimum Sale Required1.Upto Rs. 100/- (Cheaper Category)30,000 cases2Rs. 101 to 250/-40,000 cases3.Rs. 251 and aboveNil
Beer Brands
S.No.Retail Price SegmentMinimum Sale Required1.With above 5% alcoholic strength2,50,000 cases2With below 5% alcoholic strength80,000 cases3.International Beer Brands5,00,000 cases4..Diet BeerNil
Note : For Gin, Brandy, Vodka, Wine and Liqueur brands, no minimum sale criteria hasbeen fixed.
Once the licence is approved, the applicant is required to have a Bonded Warehouse approved forstorage of liquor. Broadly speaking the applicant immediately on the approval of L-1 Licence has todeposit Licence Fee, Brand registration fee and Brand Fee & apply for the following :-
1.Registration of Brands2.Approval of Bonded Warehouse3.Approval of Label4.Fixation of ex-distillery price
Number of L-1 Licensee
Number of L1F Licencee
Grant of L-2 Licence:
L-2 Licence for retail vend of foreign liquor/beer are granted only to selected undertakings of theDelhi government namely DTTDC, DSIDC, DSCSC and DCCWS. Any proposal in respect of premisesfor opening of a vend would come from above Corporations. As such an individual who wants to givehis premises on rent for opening of vend has to approach any of these corporations, which afterlooking into suitability of the premises approach the office of the Commissioner of Excise for grant of L-2 licence in respect of the premises.Broadly any premises to be suitable for opening of liquor vend should meet the followingrequirement :-
1.The vend premises should be in a pucca building with minimum floor area of 150 sqft. ona floor and located in commercial area.2.The vend premises are inspected by the site inspection committee. The Committee inspectsthe 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 75 metres from the following, namely:Major educational institutionsReligious PlacesHospitals with fifty beds and above
Explanation I :-
For the purpose of Clause (a) above, major educational institutionswould mean middle and higher secondary schools, colleges and other institutions of higher learning recogzined by the Government of NCT of Delhi or Government of India. 
Explanation II :-
For the purpose of Clause (b) above, a religious place would imply areligious place having a pucca structure witha covered area of more than 400sq feet. 
Explanantion III :-
The measurement of distance shall be from the mid point. Theacual main entrance/door of the premises proposed for license to mid point of theactual 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-2Licence is approved and the concerned Corporation is required to deposit Rs. 2,00,000/- aslicence fee before issue of licence. At present shops are in operation all over Delhi.License fee can be deposited on pro rata basis in quarterly terms.

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