The Allahabad High Court on Tuesday ruled that hookah bars operating inside restaurants are illegal and cannot be allowed. A Lucknow Bench dismissed a batch of petitions filed by restaurant and hookah bar owners. The court said that after the 2017 amendment to Rule 4(3) of the Prohibition of Smoking in Public Places Rules, 2008, no service is allowed inside a designated smoking area (DSA).
The petitioners argued that they had created separate designated smoking areas in their restaurants as required under the Cigarettes and Other Tobacco Products Act (COTPA). They said hookah smoking should therefore be permitted in these areas.
However, the court rejected the argument. It said that hookah smoking requires services such as preparing the hookah, providing flavours and coal, and assisting customers at the table. These services are not allowed inside a designated smoking area under the amended rules.
The court explained that a DSA must be a separate enclosure where customers can smoke on their own. No service is allowed inside the area. This means even a waiter cannot enter the area to serve water or food.
The court said the rule is meant to protect non-smokers and restaurant staff from exposure to second-hand smoke.
Since hookah smoking requires active service and preparation by the restaurant, the court held that it does not meet the conditions for a designated smoking area.
The High Court also said that running hookah bars by presenting them as designated smoking areas is a violation of COTPA and the rules. It therefore dismissed all the petitions and upheld the ban on hookah bars operating inside restaurants.
The ruling provides clarity on the operation of hookah bars in restaurants in Uttar Pradesh and allows authorities to take action against establishments that violate the rules.