Live music goes off in Bengaluru pubs & restaurants as police crack down on dance bars

Bengaluru Police have come down heavily on leisure joints across the city using a 13-year-old law that was upheld by the Supreme Court last year.

Representational photo of a concert | Pixabay

Bengaluru: As restaurants, pubs and discotheques in Bengaluru slowly fall silent, in the wake of the recent crackdown on live music, distraught entrepreneurs rue that the state government has failed to differentiate between hangout places and illegal dance bars.

City’s three big pubs – The Humming Tree, BFlat and BTDT – which are known for their live music gigs have already announced that they will cease operations from Wednesday (2 October).

The Bengaluru Police have come down heavily on leisure joints across the city — which is popularly known as the country’s live music capital — using a 13-year-old law which was upheld by the Supreme Court last year. Notices have been issued to stop live music in these establishments and attempts have also being made to rein in pubs violating a plethora of other laws.

The shutdown directive stems from the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order, 2005, which was introduced to regulate places of public entertainment, especially those with music, be it a discotheque with a DJ, a cabaret joint, or just a restaurant playing live or recorded music. It mandates such joints to seek licences — apart from the operational ones — from police to play music.

BFlat, which is co-owned by famous singer-musician Arati Rao, had announced its closure on social media. “We regretfully announce that BFLAT and BTDT Indiranagar, Bengaluru’s first dedicated live performance venue and loved restaurant (former Highnote), and home to many music lovers and foodies, closes its doors, effective October 2, 2019, after 10 and a half years of supporting the arts. The venue hopes to return to Bengaluru in a new avatar but under the prevailing conditions it’s Goodbye for now,” its social media post stated.

“They are just unable to differentiate between what we do to promote pure musical culture and those that are illegal dance bars,” said Viraj Suvarna, an entrepreneur who was forced to shut down his pub called Take5.

Like Suvarna’s pub, many of Bengaluru’s oldest and popular places with live music have been facing difficulties. Several of these serve as platform for musicians to showcase their talent.

Arguing that these places play a huge role in driving the country’s economy, restaurant owners have demanded an amendment to the 2005 law. According to them, the state government mops up close to Rs 20,000 crore annually in excise duties and taxes from pubs, restaurants and discotheques in the city.

“I had anticipated the government’s move. We tried to make the police understand who we were but they just didn’t seem to understand. They are taking advantage of the dance bar rules to crackdown on us. Why not have two different types of licenses?” asked Suvarna.

Lack of documents, RWA complaints 

According to the state police, many of these joints had also failed to produce other relevant documents, such as an occupancy certificate and fire clearance. But business owners claim that these certificates aren’t available for 20-year-old buildings where many of the establishments are housed.

Authorities also said they were enforcing the Karnataka Police Act, which prohibits places that serve liquor from playing live music or dancing. According to a source in the state police department, several pubs and restaurants were playing live music and discos despite their licenses being rejected under the Licensing of places of Public Entertainment Order 2005.

The Bengaluru Police has been targeting pubs and discotheques for noise pollution too after several resident welfare associations in Indiranagar and Koramangala areas of the city approached the Karnataka High Court seeking a stay on joints playing loud music.

“We conducted several raids on hotels and pubs playing loud music and many were found to have been involved in illegal activities too. We have received several complaints from residents and it is our duty to act upon them since entertainment cannot become a nuisance,” said a senior police officer, who did not wish to be named.

13-year-long legal battle

The SC’s licensing order last year was issued under the Karnataka Police Act and follows a 13-year-long legal battle between the Karnataka Live Band Restaurants Association and the state police. The association had protested against its inclusion in the same group as places which play recorded music, and the exemption granted to showcase folk art.

Their case was based on the argument that the order was “arbitrary, unreasonable, harsh and unworkable”, a “violation of the fundamental right to freedom of trade and business”, and an “infringement of the right to equality”.

The recent crackdown has not only left hangout joints in a lurch but have also severely impacted musicians, many of whom depend on these places for their sustenance.

Dominic Savio of the Drunkling Sizzlers and Pub in Koramangala said, “Without music, business has been affected very badly. We used to conduct karaoke sessions and have live music. But now, we have to cancel all events. We are respecting the law and what the courts have said. We are cooperating and submitting all our documents to the police. But we request the authorities to understand the difference between a live band and a dance bar.”