40: Licenses – Liquor, Trade, Contracts & Registrations
B A (JMC) (3-YDC), SEMESTER SYSTEM
SEMESTER –IV
SEC III: PUBLIC RELATIONS AND EVENT MANAGEMENT
Unit -2: EVENT MANAGEMENT
Lesson 40: Licenses – Liquor, Trade, Contracts &
Registrations
Objectives:
- Understand
what is a Licence.
- Know about Contracts.
- Understand the importance of
Registration.
- Learn about the licences to
be obtained by Event Organisers.
- Understand the risk of non-compliance.
Introduction:
On the other hand, approval is the act of giving permission or providing acceptance for something to move forward or be completed. An approval process is used for a variety of reasons, such as buying goods or services, starting a new project or releasing a new product. Most businesses have approval processes in place to comply with regulatory standards.
Contract is a legally binding agreement between two parties that creates obligations for both parties. Contracts can be written or verbal, but written contracts are easier to reference and enforce. The Indian Contract Act of 1872 is the primary law that governs contracts in the country. Registration is the process of recording legal documents to ensure their authenticity and transparency. It helps protect against fraud and forgery. The Registration Act of 1908 in India outlines the rules and regulations for registering several legal documents including contracts.
To organise events certain licences, approvals and clearances are necessary. It may also be required to enter into contracts and do some registrations wherever necessary. In the previous lesson we discussed about Laws associated with event management, permits and NOCs to be obtained from different authorities and agencies. In this lesson, let us discuss about the licences to be secured in organising an event like liquor licence, trade licence etc. as also the contracts to be entered into together with registration of documents required to be made with reference to organising the events.
Licence:
A license is an official permission or permit to do, use or own something. It is a document of that permission or permit. License and licentious come from the words in Latin, licentia or licere whose meanings ranged from "unrestrained” to "freedom to act" to "unruly behavior or wantonness" or "to be permitted." Licensing, dates back to the early 1900s. It began with the licensing of children’s book characters in the early 1920s. A license is granted by a party ‘licensor’ to another party ‘licensee’ as an element of an agreement between those parties. The simplest definition is "A license is a promise not to sue", because a license usually either permits the licensed party to engage in an illegal activity, and subject to prosecution. Without the license, the licensed party could be sued, civilly, criminally or both. It means, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee or proving a capability or both. The requirement may also serve to keep the authorities informed on a type of activity and to allow them to set conditions and limitations. Licences are granted by the licensor to the licensees to be valid for a particular length of time say, hours or days or months or years. The licence will also stipulate what territory the rights pertain to. It means the licence with a territory stipulated is limited to one particular area.
Contract:
Contracts
and contractual relationships are not a recent invention, but a fundamental
aspect of human society for thousands of years. The history of contracts
encompasses a wide range of cultures, periods and types of agreements. Contracts
were also first utilized in ancient civilizations such as Mesopotamia, Egypt,
and India, serving the same purpose as they do today, like formalizing and
enforcing agreements between parties. In ancient Mesopotamia, contracts were
employed for various purposes, such as the sale of goods, rental of property,
and employment of workers. Contracts are responsible for maintaining order in
all aspects of society, including private, public, and political life regulating
things and ensuring stability. Contracts were basically barter agreements where
one party traded goods or services for something of equal value from another
party. However, as societies evolved and economic systems became more
intricate, the demand for more elaborate and enforceable contracts increased. As
the nature of business relationships evolved, new forms of contracts, including
partnerships, joint ventures, and trusts, emerged to reflect these changes. When
the industrial economy evolved and business relationships became more complex,
new forms of contracts have come up to meet the changing needs of
society. The utilisation of digital contracts has seen a significant
increase over the past two decades. The recent COVID-19 pandemic has helped the
adoption of technology in the workplace, driving the popularity of digital
contracts even higher due to their benefits and efficiency.
For a contract to take place four key elements are necessary. They are (1) Offer: It means one party shall make an offer (2) Acceptance: The other party shall accept the offer (3) Consideration: It means something of value is promised in exchange for the actions defined in the offer. Consideration means either money or a promise to do something, or to refrain from doing something and (4) Intention: which means both the parties will have to intend to create a legal relationship. Contracts serve several key purposes like (1) Defining the terms of agreement (2) Establishing expectations and obligations (3) Providing a basis for enforcement (4) Protecting rights and interests of both the parties and (5) Promoting commerce. Thus contracts can be used to create many different types of relationships by way of entering into Mortgage agreements, Lease agreements, Online purchases, Sign-up agreements, Insurance, and Promissory notes. Businesses including Event management may require any or all of these contacts as the situation demands, for smoother conduct.
Registration:
Registration
is a fundamental concept for businesses and start-ups across various
industries. It holds paramount importance in the legal, financial, and
operational aspects of running a business. Registration, in a broad sense,
refers to the act of recording or enrolling something or someone in an official
list or record. It entails formally documenting essential details about the individual
or company or its activities with relevant authorities. This process is a legal
requirement that helps in establishing the legitimacy of a business entity.
Registration imparts legal recognition to the business entity, distinguishing
it from personal and unregistered entities. A registered business often enjoys
a higher level of credibility among customers, partners, and investors.
Registration is essential for tax purposes. It ensures that the businesses comply
with tax regulations and is subject to the appropriate tax structure.
Registered businesses can avail the benefits of various government schemes,
subsidies, and incentives, which can help them grow and thrive. Registration
safeguards business name and prevents others from using a similar name, thereby
protecting brand identity.
The
registration process can vary depending on the type of business and the location.
Generally, the steps involved in Registration are (1) Choosing a business
structure either sole proprietorship, partnership, limited liability company or
a corporation (2) Registering a unique business name with the appropriate
government agency (3) Obtaining various licenses, permits and clearances
depending on the business activities and (4) Registering for taxation
purposes, including GST or other applicable taxes. As per Law, the documents
that are required to be registered are Sale Deeds, Rental Deeds, Adoption
Deeds, Agreements for leasing immoveable property for more than one year,
Business contracts, Debentures issued by joint stock companies, Partition Deeds,
General Power of Attorney or Special Power of Attorney, Instruments related to
shares etc.
An event management business shall be registered with the authority concerned and the agreements and contracts that it enters into with the clients and vendors of various services too are to be registered for effecting legality.
Liquor Licence for Events:
Liquor
licence, in other words Excise license is the license which the event organizer
needs to procure in order to serve alcohol in a live or recorded music event in
India. However, when the event is organized at an ‘alcohol on-licensed
premise’, the organizer is not required to procure the license. Apart from
obtaining the license, the event organizer is also required to ensure that the
event attendees are of legal drinking age (LDA). This age varies from State to State
in India. Identity cards are compulsory at the event to verify and confirm
their age.
As per Prohibition
and Excise laws, it is mandatory to obtain licenses for serving more than 6
bottles of liquor at private parties held at hotels, restaurants and even at
residences. For parties held at home where liquor to be served is below six
bottles, such permission is not needed. For obtaining a liquor licence, an
application should be submitted to the Prohibition & Excise Department or else
the organiser would be prosecuted if caught during an inspection. Apart from
this, the venue owner will also be booked. Event managers mostly do apply and obtain
necessary permission and it will be given after inspecting the premises or
venue. For the permit, there will be a fee starting anywhere from Rs 10,000 per
day if a social, family and get-together event is held in the cities or their peripheries,
and more if it is held in star hotels. If the event pertains to sports,
commercial and entertainment category, the charges are much higher depending on
the number of tickets.
Event Managers will have to choose one of the two slots in a day i.e. 11 am to 4 pm or 7 pm to 11 pm. The entire procedure of applying and getting the event permits happens either offline or online. Certain documents are needed to be submitted or uploaded and the permission is usually issued within 48 hours.
Trade License for Event Organisers:
A trade
license is a legal document a company must acquire before starting business
activities. This document provides legitimacy to a company and grants it to
perform various activities for which the license has been issued. It is proof
that the company's business activities will not be a hazard to anyone. It also
shows that the company will not act in any way that would inconvenience anyone.
The business must acquire the company trade license before it
commences its operational activities. Ideally, it should be obtained three
months before starting a business. The licensing authority issues this
document, which is an authorized establishment that permits a business to carry
out several activities. The business must pay a specific fee for acquiring this
document. The amount varies in different countries. In addition, some local
authorities may require the business to pay its fees. The fee amount is
pre-determined, or it can be a percentage of the company's annual sales.
This
license requires a business to operate during business-like work hours. This
document also allows an individual not to be personally liable for their
business debts. The license separates an individual's taxes from their business
taxes. It allows the company several tax benefits that a personal tax does not
receive. Furthermore, this license allows a business to join several
professional groups. Without the trade license, the business will be considered
illegal. As a result, it may be subjected to heavy penalties. This license is
also beneficial before a company begins its marketing activities. The
license will be proof of the business's lawfulness. Thus, customers, creditors,
and investors are likely to believe in the entity's authenticity.
Event
management companies need a trade license to operate and shall also pay taxes
such as Goods and Services Tax and Local Body Entertainment Tax etc.
Intellectual Property Rights:
Event management is required to
have concern for the real property as well as intellectual property. Intellectual
Property is a property that is the creation of human mind. It is a property
created by the intellect of a human being. Every human being has a right over
her / his property, to use it or to restrict it from being used by other
person. The laws related to Intellectual Property Rights need to be considered
in organising the events under these circumstances:
1)
To play music: An event manager needs valid licenses and permissions to
play music especially by live performers. In case one does not have a valid
license from an authorised organisation to play their music, an event can be
sued under IPR laws.
2)
Use of Trademarks and Logos: Under Trademarks act, the registered logos and
trademarks cannot be used in any event without prior permissions.
3)
Use of Designs and Art work: The Copyright Designs and Patents Act ensures
that patented designs of any type cannot be used by any person other than the
copy-righted person.
Any company owning any logo or trademark sign would like to protect its claim and would not like it to be used by others. The protection of trademark ownership is generally covered within legislation, including Trademarks Act, the Copyright Designs and Patent Act. The legislation prevents any other party from the use of logo, motto, slogan, punch line and related words by another party without the owner’s permission. It is quite expected that the event company should be aware of the risks of misrepresenting their event. When an event is promoted with its exaggerated benefits, there is always a threat of legal action taken by unhappy consumers because of advertising for an event which made false claims.
Licenses, Permits & Clearances:
1.
Music License: It means Phonographic Performance License. The law protects music rights
in different ways. This means that businesses and organisations playing
recorded music in public whether live or via CDs, radio / TV broadcasts,
background music systems or other sources will usually need to obtain PPL. The
license allows the event organisers to use other artistes’ music with freedom
at the event. Playing music in public without the appropriate licenses in place
is copyright infringement and is unfair to the members i.e. performers, record
companies, songwriters, composers and music publishers. PPL is required for any
song that was not written by the performer, regardless of how much of the song
is used. Anyone who wants to play recorded music in public, including
businesses and individuals, must get a PPL. This includes events, hotels,
restaurants, bars, offices, shopping malls, and more.
2. Performing Rights License: This is also called as IPRS License
i.e. Indian Performing Rights Society License. This license is required for playing / performing non-recorded
music in public. It is a license ‘for the artists, of the artists.’ For
instance, in India, when a popular artist performs live, the event will require
an IPRS license. Also, the artist needs to be a registered member of IPRS.
Unlike the music licence of PPL, this IPRS issues licenses to the music users.
It collects royalties for the artists, from the artists on behalf of its
registered artist members such as lyricists, composers, publishers and
performers of music and distributes the royalty to the music owners / members.
3. Loudspeaker License: Any event held in any public or
private venue needing to use a loudspeaker requires a loudspeaker license. The
permission needs to be obtained from the local police authorities. Depending on
the nature of the event, the authorities may limit the time of usage, size and
number of speakers to be used at the event.
4. Premise License: A license of the premise allows
the event organisers to carry out all the permissible activities at the venue.
The activities include late night entertainment between 11 p.m. and 8 a.m.,
large-scale events allowing an audience of over 500 people, selling alcohol as
well as serving food and beverages during specific timings and so on. The
license can be obtained from the municipal authority under which the venue
falls.
5. Performance License: This is the license which allows
a child, anybody below 18 years of age, to take part in a musical event and
make a paid performance. Again, the license can be obtained from the local
authority. So, if the event has a performance made by a child and is a paid
performance, the event organizers are required to procure performance license
from local authority.
6. Public Works Department License: Event organisers need to get this License
when they have a working generator at an event.
7.
FSSAI License: This is Food Safety and
Standards Authority India License required to serve food at events. Generally, the food prepared at
the events is at a large scale. The event management company needs to keep the
food served at the event fresh and hygienic. It is mandatory to get FSSAI
License Registration. The FSSAI from time to time lays down guidelines and
regulates the hygiene and safety of food products in India. Non-compliance to
obtain FSSAI Licence by the event management company will attract
penalties.
8.
Pest control
license: This
is another license the Event Organiser might need for ensuring and complying
with food safety standards. It is mostly needed for outdoor events.
9.
Advertisement
license: If
the event requires to advertise things through billboards and large posters for
promotion and management, this license is needed to be obtained from the
Municipal authorities concerned following the regulations meant for it. In this
connection it is important to know the regulatory landscape of advertising.
Ministry of Information and Broadcasting is the key player. ASCI that is
Advertising Standards Council of India, though not a Government Agency, is
essential in establishing advertising standards. Any businesses to advertise
its products or services in India, will have to follow ASCI advertising
standards regulations and also the legal directives from the Ministry. When
ASCI failed to compel businesses to comply with its guidelines, the CCPA i.e.
Central Consumer Protection Authority that was established under the new
Consumer Protection Act 2019 has issued guidelines recently to regulate
misleading advertisements by incorporating a provision of a self-declaration by
the Advertiser and the Advertising Agency.
10.
Animal Welfare
Board license: In case the event involves animals for performances or entertainment,
this license is necessary. This will ensure that the event complies with animal
welfare regulations to make sure that the animals are treated humanely before,
during, and after the event.
11.
Procession
license: This
is only applicable to weddings and cultural celebrations like Baraat and Rath
Yatra like processions. These processions can cause traffic and road accidents.
To ensure that road safety regulations are met, this license shall be obtained
from the police station concerned.
12.
Security agency
license: This
one is a bonus license. However, this license is not needed for event
management but it is necessary to check whether the private security agency
hired for the event has this license.
13.
Event Permit: This ensures that the event
is organised safely and doesn’t conflict with other activities.
14.
Building permit: This is required for events
with structures like stages or booths that could affect buildings.
15.
Police Permit: This is required if the event
promotes a cause or campaign, demonstrates support or opposition to view or
action, or to commemorate an event.
16.
Noise Permit: This is one of the most
necessary licenses for concert organizers.
17.
Tree-cutting or
pruning permits: If the event requires cutting of trees at the venue, or even trimming
them, a permission from the Forest Department or Urban Forestry Wing of the
Municipality concerned to conduct these activities legally and responsibly.
18.
Helium balloon
permits: It is
not commonly known but helium is considered a controlled substance. However, it
is increasingly used in balloons and decorations. Permission is needed if the
event features such helium products.
19.
Drone Permission: In case drones are to be used
at the event for camera coverage or entertainment, permission from the local
police station is necessary for that the event manager need to provide details
about the drone usage by showing other permits obtained for organising the
event.
20.
Foreign Artist
Permission;
Whenever people from another nationality performing any dance or music or magic
show at an event, it is required to get a license separately for the reasons of
safety and security of sovereignty of India.
21.
ASI clearance: If the event is being held at
a monument or heritage site, clearance from the Archaeological Survey of India is
a must to ensure that the event doesn’t directly or indirectly harm cultural
assets.
There are single window systems for event permissions and licenses in Cities like Delhi, and States like Maharashtra, Telangana etc where two or more permissions can be obtained at one place. If the venue where an event is being held already complies with all necessary legal formalities, then there is no need to obtain additional licenses specifically for the event. It depends on the type of event and local regulations. However, it is crucial to always verify with local authorities to ensure full compliance and avoid potential legal issues.
Summary:
Organising a
successful event requires meticulous planning, coordination and compliance with
various legal requirements. Obtaining necessary licences, permits, clearances, entering
into contracts and making registrations is crucial to ensure a smooth and
lawful execution of the event. The requirements may vary depending on the
location, type and size of the event. It is essential to consult local
authorities and relevant organisations for specific guidance. Failure to obtain
these mandatory things can result in cancellation or postponement of event,
financial penalties or fines, reputation damage and legal action. Event
organisers must prioritize through research, planning and collaboration to
avoid potential consequences of non-compliance.
Frequently Asked
Questions (FAQs):
- What is meant licence?
- What are the key elements and the purpose of a
contract?
- What is the process of registration and what
documents are required for that?
- Is it necessary to obtain excise licence by event
organiser?
- List out the licences and permits required for conducting an event.
Model Answers to
FAQs:
1.
A license is a promise not to sue, because a license usually either
permits the licensed party to engage in an illegal activity, and subject to
prosecution. Without the license, the licensed party could be sued, civilly,
criminally, or both. It means, in particular, a license may be issued by
authorities, to allow an activity that would otherwise be forbidden. It may
require paying a fee or proving a capability or both. The requirement may also
serve to keep the authorities informed on a type of activity, and to allow them
to set conditions and limitations. Licences are granted by the licensor to the licensees
to be valid for a particular length of time say hours or days or months or
years.
2.
For a contract to take place the
key elements are (1) Offer. It means one party shall make an offer (2)
Acceptance. The other party shall accept the offer (3) Consideration: It
means something of value is promised in exchange for the actions defined in the
offer and (4) Intention. which means both the parties will have to intend to
create a legal relationship. The purposes of a contract are (1) Defining the
terms of agreement (2) Establishing expectations and obligations (3) Providing
a basis for enforcement (4) Protecting rights and interests of both the parties
and (5) Promoting commerce. Thus contracts can be used to create many different
types of relationships, such as Mortgage agreements, Lease agreements, Online
purchases, Sign-up agreements, Insurance, and Promissory notes.
3.
Registration process can vary
depending on the type of business and the location and the steps are (1)
Choosing a business structure either sole proprietorship, partnership, LLC or a
corporation (2) Registering a business name (3) Obtaining various licenses,
permits and clearances and (4) Registering for taxation purposes,
including GST and other taxes. The documents that can be registered are Sale
Deeds, Rental Deeds, Adoption Deeds, Agreements for leasing immoveable property,
Business contracts, Debentures issued by joint stock companies, Partition Deeds,
General Power of Attorney or Special Power of Attorney, Instruments related to
shares in joint stock companies etc.
4. Yes. It
is necessary. The Liquor licence in
other words Excise license is the license which the event organizer needs to
procure in order to serve alcohol in a live or recorded music event in India.
However, when the event is organized at an ‘alcohol on-licensed premise’, the
organizer is not required to procure the license. In excise license, apart from
obtaining the license, the event organizer is also required to ensure that the
event attendees are of legal drinking age (LDA). Usually, identity cards are
compulsory at the event to verify and confirm their age. However, for parties
held at home where liquor is served in small quantities i.e., below six
bottles, liquor permission is not needed.
5. The licences are Music licence, Performing Rights licence, Loud speak licence, Premise license, Performance licence, PWD licence, FSSAI licence, Pest control licence, Advertisement licence, Animal welfare board licence, Procession licence, Security agency licence. The permits needed are Event permit, Building permit, Police permit, Noise permit, Tree cutting permit, Helium balloons permit, Drone permission, Foreign artists permission, ASI clearance etc.
Multiple Choice Questions (MCQs):
1. _____________ outlines the rules and regulations for registering legal
documents including contracts.
a.
Indian Forest Act, 1980
b.
Indian Penal Code, 1860
c.
Indian Contracts Act, 1872
d.
Indian Registration Act, 1908
2. Liquor licence
necessary for serving more than _______ at parties held at hotels, restaurants
and at residences.
a.
6 bottles
b.
10 bottles
c.
12 bottles
d.
15 bottles
3. _______________
is a legal document a business must acquire before starting activities.
a.
Police clearance
b.
Registration
c.
Trade Licence
d.
Event permission
4. __________ property is a property that is the creation
of human mind.
a.
Intellectual
b.
Real
c.
Trade Licence
d.
House
5. Consumer
Protection Act 2019 issued guidelines to regulate misleading _______________
- Events
- Advertisements
- Licences
- Permissions
Glossary:
Licence: It is an official permission or authorisation granted by a governing body or authority, allowing an individual or organisation to engage in a specific activity, profession or business.
Liquor: Liquor also known as spirits, refers to distilled beverages containing ethanol, typically with an alcohol content of 20% or higher
Trade: Trade refers to the exchange of goods, services or commodities between businesses, organisations or countries.
Contract: A contract is a legally binding agreement between two or more parties that outlines terms, conditions, and obligations for a specific purpose.
Registration: It is a process of officially recording or enrolling in a particular activity, organisation or system like business registration, event registration, product registration, software registration etc.
Trade Mark: Trademark is a unique symbol, word, phrase, logo or design that identifies a product or service and distinguishes it from others in the market.
Advertisement: It is a public announcement or message intended to promote a product, service or idea. Types of ads are print ads, digital ads, broadcast ads, outdoor ads, event ads, experiential ads, mobile ads, video ads, influencer ads etc.
Permission: It refers to the authorisation or consent granted by someone with authority, allowing another person or entity to perform a specific action, access information or use resources.
Clearance:
It refers to the process of obtaining official permission or approval to
proceed with a particular action, project or transaction.
LDA: Legal Drinking Age in India varies from state to state. In majority of states it is 21 years and in a few states it is 25. In Goa, Pondicherry and Sikkim 18 years. Dry States are Gujarat, Bihar, Nagaland and Lakshadweep.
Key Words: Licence, Permits, Clearance, Contracts, Registrations, Legal, Liquor, Trade, Business, Legal, Copy right, Intellectual property.
Y. BABJI
Editor, Public Relations Voice
Academic Counsellor, Public
Relations (since 1989)
AP Open University/Dr BR Ambedkar
Open University