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Paras yadav   02 November 2024

Article on meal at restaurant

I am Satish and I am planning to open a small restaurant. The menu has certain dishes that require the addition of a very small amount of beer for the enhancement of its flavors. I would like to seek advice on this as if there are any special provisions regarding this. I am not planning to sell beer but add a small amount of it in certain dishes and the same will be mentioned in the menu itself. Are there any specific licenses required for this? How to ensure that my business follows all the legal frameworks to avoid potential issues in the future?



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 2 Replies

Pankhuri Rastogi   02 November 2024

Hello Satish, 
After going through your query, I understand your concern regarding the menu and legal documents of your restaurant and here I am to provide you with a bit of advice that might help you out. 
I understand that you are not directly selling beer as a beverage in your restaurant but still using it in the cooking process qualifies as alcohol usage which subsequently requires some licenses, just to avoid future legal issues. 
In the case of Praful Patel v. State of Maharashtra (2005), the Supreme Court emphasized the importance of such licenses, highlighting compliance to avoid further penalties. 
I suggest that you check once with the excise department of your specific state about whether an FL4 license or any equivalent is required or not. 
As per the FSSAI Food Safety and Standards (Packaging and Labelling) Regulations, 2011, all additives including intoxicants or allergens, such as beer (in your case), must be mentioned. This Baker's Law ensures clear-cut information available to the consumers thus aiding healthy choices among them, as in the case of FSSAI v. XYZ Restaurant (2017), a restaurant was punished for failing to disclose its food ingredients. Mentioning beer as an ingredient will surely help in adherence to the law and keep the customers up to date.
The Consumer Protection Act 2019, tends to define the importance of transparency which is a necessity to avoid unfair trade practices. As per Section 2(47) of the Act, all the ingredients should be mentioned for the protection of consumer rights. In the case of Ashish Kumar v. The Imperial Hotel (2019), the restaurant faced legal implications for the non-disclosure of alcohol in dishes. 
So I would like to suggest you please check once with the concerned authorities of your state so that you will not face any legal implications in the future.

 

 

 

 

P. Venu (Advocate)     02 November 2024

The query is procedural. You need to get assistance from the authorities concerned.

However, please note that beer or any alcoholic drink is an admixture of different ingredients.


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