Allahabad High Court on Tuesday dismissed petitions from Lucknow‑based hookah bar owners, ruling that restaurants, cafes and other public venues cannot serve hookah even in designated smoking areas.
Justices Shekhar B Saraf and A K Chaudhary heard the case, where owners had sought permission to provide hookah service under food establishment licences and protection from police interference.
Under the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) and the 2008 Prohibition of Smoking in Public Places Rules, a designated smoking area is a limited exception that does not permit any service. The 2017 amendment replaced “any other service” with “any service”, making hookah preparation, filling, coal placement, delivery and replacement a prohibited service.
The bench held that even if a customer operates the hookah himself, the act remains a service, negating the petitioners’ argument that it is merely renting an apparatus. Food Safety Department and municipal authorities cannot issue separate licences for hookah bars, while police retain COTPA powers to search, seize and penalise non‑compliance.
The court emphasized the fundamental right of non‑smokers to breathe clean air, outweighing the business interests of hookah operators. A copy of the judgment will be forwarded to the Uttar Pradesh chief secretary and director general of police, who are to enforce compliance.