Cops aim at pubs, end up hitting live musicians

This week’s police notice to 107 pubs is only against live music, which means no one will be harmed except musicians

Bengaluru police have issued notices to 107 pubs and restaurants to stop live music, saying their intention is to enforce public safety and not to gag musicians.

How live music endangers public safety is a mystery musicians can’t fathom, but the police say they are using a 2005 law governing ‘public entertainment’ to rein in pubs violating a plethora of other laws. “The commissioner of police is the licensing authority and we give licences based on no-objection certificates obtained from various agencies. The 107 places never had any of them in place,” City Police Commissioner Bhaskar Rao told Metrolife.

The pubs had sought licences to host live music, but the police had rejected their applications because they didn’t have the other relevant documents such as an occupancy certificate and fire clearance, among others. Joint Commissioner of Police (Crime) Sandeep Patil says they can continue to serve food and drink because they have an excise licence, but cannot host live music, DJ and operate discotheque without the permitted licence.

In effect, the pubs will not close down. They will continue to do business, but will not have live music and discos. It looks like the only people to be affected by the crackdown are musicians. Music-buff footfalls at the pubs may come down, but otherwise, it is business as usual: they are free to play recorded music.

Bhaskar Rao’s explanation: “Buildings must have occupational and structural stability certificates for places built more than 20 years ago. Last year, the pubs were issued notices, but they protested and went to the High Court. The court said the order was perfect and asked pub owners why they were protesting. They appealed to the Supreme Court, and their case was rejected there as well. The Supreme Court then directed the Bengaluru police to look into the sound pollution and the nuisance they were causing to the neighbourhood. We have only enforced the existing law.”

The ‘law’ he is talking about is the Licensing and Controlling Places of Public Entertainment (Bangalore City) Order of 2005, which says establishments should get licences for entertainment programmes through the Bengaluru Commissioner’s office. The Supreme Court upheld the order in January 2018.

GREASE BADI HAIN...

So how were the pubs getting by for a full year after the Supreme Court said the order was good in law? A top police officer involved in the operations says the establishments regularly “greased the palms of the police,” and got away with running illegal businesses. “Almost 90 per cent of such buildings violate municipal bylaws. About 75 or 80 per cent deviate from the sanctioned plans. If there is a fire, who is to be blamed?” he asks. All policemen Metrolife spoke to claim they are cracking down on the pubs because they are concerned about public safety, and not because they were against live music. “We want to avert tragedies: the pubs issued notices have no fire safety and parking,” a police officer says.

Joint Commissioner of Police Sandeep Patil also talks about the Licensing of Places of Public Entertainment Order of 2005. “We are not enforcing a new rule. We are only following the High Court and Supreme Court ruling. We are not against live performances but first the rules have to be followed. We are implementing this with the primary objective of public safety,” says Patil.

LIVELIHOOD DENIED

Musicians who perform at the pubs are upset the police action has rendered them jobless.

Nagarajan Chandru, member of the band Clown with a Frown, says it is up to the authorities to ensure the pubs follow safety and municipals rules, and bands go there only to play.

“We do music for a living and this move has directly affected our livelihood,” he told Metrolife. Police barge in and stop performances, or ban them altogether, he rued. Bengaluru used to be the live music capital of India, with bands like Metallica coming over, but confusing laws have pushed them away to cities like Pune, Nagarajan says.

Bruce Lee Mani, guitarist and vocalist of rock band Thermal and a Quarter, says the ban on live music is bad not just for musicians but also for the city and a culture “that Bangalore is known and loved for.”

He believes “administrative glitches” need to be sorted out by the government so that the city can enjoy music.

MONEY ALL THE WAY

A pub owner in Kalyan Nagar claims he stopped live performances after the cops came knocking on his door. “Our establishment is completely soundproof with no music going but the police still don’t let us be. We have to pay heavy bribes to get licences and even after we get them, we have to bribe the police to keep our businesses running,” he said.

In short: Who is saying what

Police: Many pubs are violating fire safety and municipal laws, and endanger public safety. The Supreme Court has said we can act against loud music.
We are using that order to crack down on 107 pubs.

Also police: The pubs can serve food and drink. They can’t host live music and run discos.

Metrolife: How does that solve the problem of public safety?

Neighbourhood: Partying at the pubs goes on late into the night and
disturbs us.

Pub owners: We pay heavy bribes for licences, and then bribe the police again to keep business running.

What notice?

Pubs have been told they can’t host live music or run discos as they have no licences under the Licensing and Controlling Places of Public Entertainment (Bangalore City) Order of 2005. The Supreme Court upheld the order, rejecting a pub owners’ petition against it. The police commissioner is the authority to issue licences for ‘public performances’.