The Kerala High Court has ruled that police cannot stop a five-star hotel from operating DJ parties after 11 pm merely on the apprehension of drug use or criminal activities. The court said a hotel permitted to remain open until 3 am after paying an additional Rs 5 lakh cannot be forced to curtail its business hours without sufficient legal grounds. However, it clarified that noise pollution rules must be strictly followed and police can act against illegal activities.Justice Murali Purushothaman was hearing a petition filed by one Mahadevan, the licensee of a five-star bar hotel in Ernakulam, challenging notices issued by the local police restricting DJ parties and the hotel’s operating hours.“There is no apparent rationale for presuming that the possibility of criminal activities would cease to exist before midnight or that the incidence of crime would necessarily increase after midnight…The possibility of criminal activities cannot, by itself, justify the imposition of restriction on the extended hours of operation permitted under the Rules,” the court observed on November 10, questioning the rationale behind allowing DJ parties until 11 pm but restricting them thereafter on the ground that they could lead to criminal activities.The dispute arose after the Kerala government amended the Foreign Liquor Rules, 1953, on February 13, 2026, allowing five-star and higher-category bar hotels to remain open for an additional three hours beyond midnight on payment of an annual rental of Rs 5 lakh. Mahadevan paid the amount and obtained permission from the Excise Department to operate his hotel until 3 am during the financial year 2026-27.Why hotel approached high courtAccording to the petition, despite obtaining permission for extended operating hours, the hotel faced repeated notices from the police. On March 27 this year, the Station House Officer of Kadavanthra police station issued a notice directing the hotel manager not to operate beyond midnight and to stop celebrations involving loudspeakers after 10 pm. Justice Murali Purushothaman observed that the possibility of criminal activity alone cannot justify restricting the extended operating hours permitted to five-star hotels. (Image enhanced using AI)A notice dated March 30 alleged that DJ parties were regularly being conducted at the hotel, attracting large numbers of young men and women, and that quarrels had occurred during such events under the influence of narcotic substances. The hotel was directed to refrain from conducting DJ parties until further orders.On April 28, the Assistant Commissioner of Police issued another notice stating that bars in the Central Sub-Division should stop operations by midnight and DJ parties by 11pm. An FIR was registered against Mahadevan in connection with an alleged DJ event conducted until 3 am on April 30, in violation of the police notices. The petitioner argued that the police could not curtail the extended operating hours granted by the excise department after collecting the additional annual rental of Rs 5 lakh.Story continues below this adPolice cite 27 criminal casesOpposing the petition, the Ernakulam City Police Commissioner contended that late-night DJ parties were associated with drug abuse, violent disturbances and public safety concerns. The police referred to incidents involving narcotics trafficking, assault, rioting and damage to property in and around the hotel. They also produced a list showing that 27 criminal cases relating to late-night events had been registered in Kochi City.These included cases involving unlawful gatherings, drug-related offences, crimes against women and other violations. The police maintained that an FL-3 liquor licence did not authorise unrestricted DJ events or large gatherings. They argued that Sections 77 to 79 of the Kerala Police Act empowered them to regulate such activities in the interest of public safety and law and order.Examining the competing arguments, the court distinguished between the right to operate a hotel during permitted hours and the right to conduct entertainment activities without complying with noise regulations.Referring to the Noise Pollution (Regulation and Control) Rules, 2000, the court pointed out that night-time restrictions apply between 10 pm and 6 am. Rule 5(2) prohibits the use of loudspeakers, public address systems and sound-producing instruments during these hours, subject to specified exceptions, including their use in certain closed premises for communication within them.Story continues below this adThe court also noted that privately owned sound systems cannot exceed the prescribed ambient noise standards at the boundary of the premises by more than 5 dB(A). It held that where high-decibel music violates night-time restrictions or prescribed noise limits, the Police Commissioner can issue preventive directions under Section 77 of the Kerala Police Act or Rule 8 of the Noise Pollution Rules, following the prescribed procedure. The court emphasised that people attending a DJ party cannot, merely because they are willing to listen to loud music, expose residents in the neighbourhood to unwanted noise.Court questions logic behind 11 pm restrictionThe court questioned how restricting DJ parties after 11 pm would prevent criminal activities when such events were permitted until that time. It added that if the police had reason to believe that narcotics or other illegal activities were taking place under the cover of DJ parties, they could take stringent action against those responsible.If the government wanted specific restrictions on entertainment activities during extended operating hours, it was for the government to frame appropriate rules providing for such exceptions, the court said. The court also clarified that an order under Section 79 of the Kerala Police Act regulating public assemblies cannot remain in force for more than 15 days from its proclamation unless the state government extends its validity.Setting aside the three police notices, the court held that the hotel was entitled to operate until 3am during 2026-27, except on the eve of a statutory dry day, when it must stop operations at midnight.