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Regulation For Licensing Places Of Public Amusement And Public Amusement Performances (Other Than Cinema), 2023

Regulation For Licensing Places Of Public Amusement And Public Amusement Performances (Other Than Cinema), 2023

Regulation For Licensing Places Of Public Amusement And Public Amusement Performances (Other Than Cinema), 2023

 

[31st October 2023]

Special Cell: Whereas the undersigned considers it expedient that regulations should be framed under section 28 of Delhi Police Act, 1978 for licensing Places of Public Amusement and Public Amusement Performances (other than cinema)in the NCT of Delhi.

And whereas the undersigned is satisfied that circumstances exist, which render it necessary that such regulations should be brought into force at once.

And now therefore, the undersigned, with the previous sanction of the Lieutenant Governor, Delhi and in exercise of the powers conferred by the provisions of Delhi Police Act, 1978, under Section 28 (1) (x)&(y) makes the following regulations.

CHAPTER 1

Regulation - 1. Short title, extent and commencement

(1)     These regulations shall be called "The Regulation for Licensing Places of Public Amusement and Public Amusement Performances (other than Cinema), 2023".

(2)     These shall extend to the whole of the NCT of Delhi for Performances other than cinema.

(3)     These shall come into force from the date of their publication in the Gazette of India.

Regulation - 2. Definition

(1)     Act means the Delhi Police Act, 1978.

(2)     Appellate Authority means the Administrator/ Lieutenant Governor of Delhi or the Commissioner of Police, Delhi, as the case may be, as provided in the regulation.

(3)     Commissioner means the Commissioner of Police of National Capital Territory of Delhi, as defined in the Delhi Police Act, 1978.

(4)     Cinema means any place where an exhibition by means of Cinematograph as defined as such under Cinematograph Act is given.

(5)     Fit Locality means the area where Place of Public Amusement Performance can be arranged without causing any disturbance or threat to peace and tranquility of the area.

(6)     Fit Place means a place of spacious enough for operation of place of Public Amusement and conduct of public Amusement performance having facilities of parking (as per applicable policy) which does not obstruct normal flow of traffic or cause risk, danger, damage or annoyance to the residents of the locality.

(7)     Floor Show means any Public Amusement Performance including electronic/digital/lasershow/ holographic projection/ virtual performance in any other form within registered/licensed Eating House including dancing hall etc. as provided under concerned regulations under the Act.

(8)     Licensee means a person holding a license under these regulations.

(9)     Licensing Authority means Commissioner of Police or any officer so designated by the Commissioner of Police, Delhi on his behalf.

(10)   License to Establish means license issued by Licensing Authority for the purpose of construction of a permanent place of public amusement.

(11)   License to Operate means license issued by Licensing Authority for the operation of permanent place of public amusement for valid performances as per these regulations.

(12)   Melas means a place of public gathering where performances of amusement, joyrides using mechanical or electrical device, merry-go-round, etc. may be organized.

(13)   Organiser means and includes any person who is promoter, manager, secretary or any person duly authorized/engaged by an organization/group/ Individual for management of a public amusement performance.

(14)   Place of Public Amusement means a place as defined under section-2 (k) of the Delhi Police Act-1978.

(15)   Performance means any activities of music, singing, dancing, or game or any other amusement, diversion or recreation other than cinema.

(16)   Place means a place as defined in section 2(j) of the Act.

(17)   Place of Public Entertainment means any place as defined under Section-2 (l)of the Delhi Police Act1978.

(18)   Permanent Place of Public Amusement means any building or permanent structure used for performance.

(19)   Temporary Place of Public Amusement means any tent, canopy, enclosures, booth or removable structure used for performance.

(20)   Open place of Public Amusement means any open area used for performance.

(21)   Suitable Person means a person who is -

(a)      Competent to execute a valid contract and

(b)      has clear antecedent to be certified through Police Clearance Certificate (PCC) issued by (A) Delhi Police through PCC portal in case applicant is a resident of Delhi or (B) concerned state/UT authority in case applicant is a resident of outside Delhi.

(c)      is otherwise not an unsuitable person and has capacity to operate a place of Public Amusement or conduct Performance of Public Amusement.

CHAPTER 2

Regulation - 3. License for Place of Public Amusement

(1)     No person shall operate or maintain a place of public amusement in the National Capital Territory of Delhi except as provided in these regulations, in respect of such place of Public Amusement.

There shall be three types of places of Public Amusement i.e. (1) permanent, (2) temporary and (3) open places of public amusement.

(2)     Application for the Grant of License-

(a)      Every person at the time of making application for a License to establish/operate a Place of Public Amusement shall furnish particulars in the prescribed application form(Form-A) available on online Portal of Licensing Division.

(b)      A non-refundable processing fee of application as specified by the Commissioner of Police from time to time with prior approval of Lt. Governor, Delhi shall be deposited online by the applicant at the time of submission of application.

(c)      Every person applying for a License to establish a Place of Public Amusement shall upload all the required legible documents mentioned on the Portal of the Licensing Division. The Commissioner of Police or any other officer who has been delegated/ authorized by him in this behalf shall assess that the applicant and the proposed premises for License fulfills following condition: -

(i)       The applicant is suitable,

(ii)      The locality where such place of Amusement is to be opened is fit locality for the purpose proposed.

(iii)     The place proposed to be used as a Place of Public Amusement is fit place for the purpose for which it is proposed to be used.

(3)     License for Permanent Place of Public Amusement:

(a)      Grant of License to Establish:

(i)       Any person desiring to put up a permanent building or structure to be used as permanent place of Public Amusements shall obtain a license to establish from Licensing Authority before commencing the construction of building/structure and to establish it. NOC already obtained under the erstwhile regulations shall be treated as License to establish under the present regulation.

(ii)      Each such application for License to establish shall be accompanied by the following documents:

(a)      Primary Documents (To be obtained by Licensing Division)

(i)       Area Suitability Reports from Local Police and Traffic.

(ii)      NOCs from Building Department of the Civic bodies.

(b)      Secondary Documents (to be uploaded by the applicant on the portal of Licensing Division)

(i)       Sanctioned building plan issued by the Building department of concerned Civic bodies.

(ii)      Proof of Identity of applicant (Aadhar/Voter ID Card/PAN/Passport/Driving License).

(iii)     Proof of Address of applicant (Aadhar/Voter ID Card/Passport/Electricity Bill/ Landline Telephone Bill/Rent/Lease Deed/Property Ownership).

(iv)    Board Resolution by the partnership firm/company in favour of applicant in case of partnership/company.

(v)      Certificate of incorporation in case of company and partnership deed in case of partnership firm.

(vi)    In case the applicant is resident of Delhi, valid Police Clearance Certificate (PCC) issued by Delhi Police through PCC portal, in case applicant is a resident of outside Delhi, then Police Clearance Certificate (PCC) issued by concerned state/UT authority (vii) Proof of ownership

(iii)     The License to establish will be valid for a period of three years from the date of issue of such license.

(iv)    The applicant will construct the place of Public Amusements subject to obtaining necessary permissions/NOCs, design/plan approval for construction from the various authorities as per extant rules and regulations of the concerned departments within the validity period of the License to establish issued by the Licensing Authority. The applicant will obtain required NOCs, compliance (wherever applicable) with respect to Building, Fire Safety, Environment, Structural and Electrical safety, Disaster preparedness (including pandemic) and other safety aspects from respective agencies as per extant laws.

(b)      Grant of license to operate:

(i)       Every person applying for a License to operate for a Place of Public Amusement shall furnish particulars in the prescribed application form (Form-A) available on online Portal of Licensing Division. Each such application shall be accompanied by the following documents:

(a)      Primary Documents (to be obtained by Licensing Division)

(i)       Health Trade License issued by the Municipal/Local Authorities.

(ii)      In case the applicant is resident of Delhi, valid Police Clearance Certificate (PCC) issued by Delhi Police through PCC portal, in case applicant is a resident of outside Delhi, then Police Clearance Certificate (PCC) issued by concerned state/UT authority.

(b)      Secondary Documents (to be uploaded by the applicant on the portal of Licensing Division)

(i)       Proof of ownership/tenancy of the place of Public Amusements.

(ii)      Building Plan.

(iii)     Invoice of installation of CCTV with 30 days recording and valid Annual Maintenance Contract for at least one year(AMC).

(iv)    An undertaking to be submitted by applicant under the Regulations for Licensing Places of Public Amusement and Public Amusement Performances (other than Cinema), 2023 on the non-judicial stamp paper worth Rs.100. (Form-C)

(ii)      The Certificates/No objection certificates/compliances (wherever applicable) with respect to Health, Fire Safety, Environmental norms, structural and Electrical safety, disaster management (including pandemic), other safety aspects or otherwise as required in respective laws, shall be governed by the respective Agencies as per the extant laws, rules and bye-laws.

(iii)     The Licensing Authority may inspect the place of Public Amusements before or after the grant of license. The Licensing Authority may authorize any of his subordinate police officer not below the rank of Sub-Inspector to undertake such inspections.

(iv)    License to operate will be issued under section 28 of Delhi Police Act in the name of the person as reflected in Health Trade License issued by Civic bodies.

(v)      In case, an applicant is holding a license for public entertainment issued under the Regulations for Keeping Places of Public Entertainment in the National Capital Territory of Delhi or Registration Certificate issued under Regulations for Delhi Eating Houses Registration Regulations, wishes to hold public amusement performances in the said premises, he shall have to obtain a permanent place of public amusement license for the same and submit the following documents on the Portal:

(i)       Primary Documents (to be obtained by Licensing Authority)

(i)       Health Trade License issued by the Municipal/Local Authorities in this regard.

(ii)      Secondary Documents (to be uploaded by the applicant on the portal of Licensing Division)

(i)       An undertaking to be submitted by applicant under the Regulations for Licensing Places of Public Amusement and Public Amusement Performances (other than Cinema), 2023 on the non-judicial stamp paper worth Rs.100. (Form- C)

(ii)      For processing the application for grant of Performance license for Floor shows in an Eating House/ places of Public Entertainment the following additional documents will be required for grant of Performance license (floor show in a dancing hall) other than already indicated in the common application form for grant/renewal of Registration Certificate/license of eating house under respective regulations.

Site Plan indicating size and location of dance floor, platform and the sitting area, Maximum occupancy.

(iii)     The validity of license will be co-terminus with the validity of license of place of Public Entertainment or registration certificate.

(iii)     Renewal of License: -

(i)       An online application on (Form-D)for renewal of license for place of public amusement accompanied with the requisite documents shall be made online on the portal of Licensing Division,60 days before the date of expiry of the validity of the license. The license shall be renewed by such authority on receipt of the following documents:

(a)      Primary Documents (to be obtained by Licensing Division)

(i)       Valid Health Trade License issued by the Civic bodies.

(ii)      Area Suitability Reports from Local Police and Traffic.

(iii)     In case the applicant is resident of Delhi, valid Police Clearance Certificate (PCC) issued by Delhi Police through PCC portal, in case applicant is a resident of outside Delhi, then Police Clearance Certificate (PCC) issued by concerned state/UT authority

(b)      Secondary Documents (to be uploaded by the applicant on the portal of Licensing unit) An undertaking to be submitted by applicant under the Regulations for Licensing Places of Public Amusement and Public Amusement Performances (other than Cinema), 2023 on the nonjudicial stamp paper worth Rs.100(Form-C).

(ii)      The Certificates/No objection certificates/compliances (wherever applicable) with respect to Health, Fire Safety, Environmental norms, structural and Electrical safety, disaster management (including pandemic), other safety aspects or otherwise as required in respective laws, shall be governed by the respective Agencies as per the extant laws, rules and bye-laws.

(iv)    Validity of license: The license shall be valid for a maximum period of three years ending on 31st day of the March of the third financial year.

(v)      Transfer of License:

(i)       A license granted under these Regulations shall not be transferable or assignable but shall be personal for the person only to whom it is granted.

(ii)      If a licensee transfers or assigns his business to any other person or enters into an agreement with another person, involving his giving up the conduct or control over the business, the license granted to him shall stand terminated from the date of such transaction.

(iii)     However, in the case of death /incapacitation/lunacy of the licensee, his/herlegal heirs may make an application online within one month from the date of death of licensee, to the Commissioner of Police or any other officer authorized by him in this behalf, to have the benefit of the license for the remaining period of the license and the Commissioner or any other officer authorized by him in this behalf may decide the application having regard to the provisions of these Regulation.

(vi)    Change of name:

No person who holds a license to operate a Place of Public Amusement shall make any change in the name of establishment or use his premise(s) for the purpose of services which is not authorized as per license granted. If the licensee desires to change the name of the establishment or provide any other kind of entertainment services, licensee shall apply for fresh endorsement on the existing license online before Commissioner of Police or any other officer authorized by him in this behalf.

(vii)   Every licensee shall at all times allow free access to such place to any police officer entering the same in the discharge of his official duty.

(viii)  No licensee shall allow any performance to be held unless valid performance license has been obtained for the purpose.

(4)     License for temporary or open place of Public Amusement:

(a)      Grant of License:

(i)       Every person applying for a License for temporary Place of Public Amusement shall furnish particulars in the application form (Form-E) available on online portal of Licensing Division. Each such application shall be accompanied by the following documents :

(a)      Primary documents: (To be obtained by Licensing Division)

(i)       Health Trade License issued by the Municipal/Local Authorities.

(ii)      Area Suitability Reports from Local Police and Traffic.

(iii)     In case the applicant is resident of Delhi, valid Police Clearance Certificate (PCC) issued by Delhi Police through PCC portal, in case applicant is a resident of outside Delhi, then Police Clearance Certificate (PCC) issued by concerned state/UT authority

(b)      Secondary documents: (to be uploaded by the applicant on the portal of Licensing Division)

(i)       Proof of Identity of applicant (Aadhar/Voter ID Card/PAN/Passport/Driving License).

(ii)      Proof of Address of applicant (Aadhar/Voter ID Card/Passport/Electricity Bill/Landline Telephone Bill/Rent/Lease Deed/Property Ownership).

(iii)     Invoice of installation of CCTV up to 30 days recording.

(iv)    Booking Slip from land owning agency/Proof of ownership/tenancy of the place of Public Amusements.

(v)      An undertaking to be submitted by applicant under the Regulations for Licensing Places of Public Amusement and Public Amusement Performances (other than Cinema), 2023 (Form-C).

(ii)      Licensing Authority on receipt of documents and NOCs/Permissions/Sanctions shall grant the license for place of public amusement to the applicant on such terms and conditions and subject to such restrictions as the Licensing Authority may determine. The Place of Public Amusement License shall be subject to such additions and alterations as may be deemed necessary by the Licensing Authority.

(iii)     The Certificates/No objection certificates/compliances (wherever applicable) with respect to Health, Fire Safety, Environmental norms, structural and Electrical safety, disaster management (including pandemic), other safety aspects or otherwise as required in respective laws, shall be governed by the respective Agencies as per the extant laws, rules and bye-laws.

(iv)    The Licensing Authority may inspect the place of Public Amusements before or after the grant of license. The Licensing Authority may authorize any of his subordinate police officer not below the rank of Sub-Inspector to undertake such inspections.

(b)      Validity: The license shall be valid for the period of continuous booking of the land where temporary structure is to be constructed subject to a maximum of three years.

CHAPTER 3

Regulation - 4. License for Performance

(1)     No person shall conduct any performance unless he has obtained a performance license from the Licensing Authority to hold such performance. There shall be three types of licenses for Performances i.e. at permanent, temporary or open places of public amusement.

(2)     Application for Grant of License:

(a)      Every person applying for performance license at a place of public amusement shall furnish particulars in the application (Form-F) available on online portal of Licensing Division.

(b)      A non-refundable processing fee of application as specified by the Commissioner of Police from time to time with prior approval of Lt. Governor, Delhi shall be deposited online by the applicant at the time of submission of application.

(c)      Every person applying for a License of performance at Place of Public Amusement shall upload all the required documents mentioned on the Portal of the Licensing Division. The Commissioner of Police or any other officer authorized by him in this behalf shall assess that the applicant and the proposed performance for License fulfills following: -

(i)       The applicant is suitable,

(ii)      That the performance does not adversely impact public order, morality, decency or is in the interest of general public.

(3)     License at Permanent Place of public amusement

(a)      Grant of License:

An application in this regard shall be made online along with the following documents:

(i)       Booking slip from permanent place of Public amusement.

(ii)      Proof of Identity of applicant (Aadhar/Voter ID Card/PAN/Passport/Driving License).

(iii)     Proof of Address of applicant (Aadhar/Voter ID Card/Passport/Electricity Bill/Landline Telephone Bill/Rent/Lease Deed/Property Ownership).

(iv)    Nomination/authorization by the Organizer in favour of applicant.

(v)      An undertaking to be submitted by applicant under the Regulations for Licensing Places of Public Amusement and Public Amusement Performances (other than Cinema), 2023 on the non-judicial stamp paper worth Rs.100/-.

(vi)    In case the applicant is resident of Delhi, valid Police Clearance Certificate (PCC) issued by Delhi Police through PCC portal, in case applicant is a resident of outside Delhi, then Police Clearance Certificate (PCC) issued by concerned state/UT authority.

(b)      Validity of License: The validity of such license shall be only for the period during which a particular Public Amusement Performance is proposed to be held. However, Public Amusement Performance license to operate a Video Games Parlor and Amusement Park may be granted or renewed for a period of three years ending on 31stday of March of the third financial year.

(4)     License at temporary or open Place of Public Amusement

(a)      Every person applying for performance license at temporary place of public amusement shall furnish particulars in the application (Form-G) available on online portal of Licensing Division at least 10 days before the performance.

(b)      A non-refundable processing fee of application as specified by the Commissioner of Police from time to time with prior approval of Lt. Governor, Delhi shall be deposited online by the applicant at the time of submission of application.

(5)     Each such application shall be accompanied by the following documents:

(a)      Primary Documents (To be obtained by Licensing Division)

(i)       Area Suitability Report(ASR) from local Police and Traffic Police.

(ii)      In case the applicant is resident of Delhi, valid Police Clearance Certificate (PCC) issued by Delhi Police through PCC portal, in case applicant is a resident of outside Delhi, then Police Clearance Certificate (PCC) issued by concerned state/UT authority.

(b)      Secondary Documents (to be uploaded by the applicant on the portalof Licensing Division)

(i)       Booking slip from land owning agency/Permanent Place of Public Amusement.

(ii)      Proof of Identity of applicant (Aadhar/Voter ID Card/PAN/Passport/Driving License).

(iii)     Proof of Address of applicant (Aadhar/Voter ID Card/Passport/Electricity Bill/Landline Telephone Bill/Rent/Lease Deed/Property Ownership).

(iv)    Nomination/authorization by the Organizer in favour of applicant.

(v)      Invoice of installation of CCTV with 30 days recording facility.

(vi)    An undertaking to be submitted by applicant under the Regulations for Licensing Places of Public Amusement and Public Amusement Performances (other than Cinema), 2023 on the non-judicial stamp paper worth Rs.100/-.

(c)      The Certificates/No objection certificates/compliances (wherever applicable) with respect to Health, Fire Safety, Environmental norms, structural and Electrical safety, disaster management (including pandemic), other safety aspects or otherwise as required in respective laws, shall be governed by the respective Agencies as per the extant laws, rules and bye-laws.

(d)      The license shall state the title of each item of the performance with general description and specific period & date of performance as well.

CHAPTER 4

Regulation - 5. Fees, General Conditions and Exemptions

(1)     The Licensing Authority will have the right to refuse to grant/renew or cancel a license as per provisions of section 28 (1) (x) & (y) of Delhi Police Act-1978.

(2)     The licensee shall display the copy of the license issued by the Competent Authority at a prominent place at reception of the licensed place

(3)     No person holding a performance license under these regulations shall promote impropriety of language, indecency of dress, dance, movement or gesture, offensive personation or representation, likely to excite feeling of sedition or discontent, likely to cause riot or breach of peace, to promote or excite hostile feelings between different classes, religion or any individual, dangerous exhibition or display of a performance or game, with wild beasts, except in so far as it is an item of performance in a circus which shall be governed by regulations. Performance or game involving risk, damage or danger to the audience or public or any performance which does not cover under the License shall not be allowed.

(4)     Fees for the grant/renewal/duplicate license of Place of Public Amusements License and Performance License shall be as specified by the Commissioner of Police from time to time with prior approval of Administrator/Lieutenant Governor, Delhi.

(5)     Smoking shall not be allowed at any place of public amusement. No Smoking sign should be prominently displayed in the same.

(6)     No licensee shall admit to any part of the place of public amusement, greater number of person than the maximum number authorized in the license issued under these Regulations to be accommodated in such part.

(7)     The licensee shall give free access to the place of Public Amusement at all hours to the officers nominated by the Licensing Authority or a Police Officer in discharge of his official duties or other officers legally authorized on this behalf.

(8)     License granted under these regulations shall not be transferred but shall be for event of personal benefit only of the person to whom it is granted and on the death of the Licensee, license shall be, subject to the provisions of these regulations, deemed to be revoked.

(9)     No person is allowed to carry arms in the Place of Public Amusements subject to the provisions of the Arms Act.

(10)   No person under 18 years of age shall be entitled to obtain or hold any license under these regulations.

(11)   No alteration of lay out, design and structure of licensed place shall be made without the prior sanction of concerned authorities.

(12)   Buildings licensed under the Delhi Cinematograph Rules-2008, for cinematograph performance shall be deemed to be considered as permanent place of public amusement for the purpose of these regulations.

(13)   The provisions of Chapter III shall not apply to the following performance namely: (1) Religious gathering at place of worship (2) Events organized by School/College within their premise (3) General Body meetings of legally recognized bodies under various statutes (4) Book launch events (5) Cremation, Death anniversary, marriage, birthday, wedding anniversaries (6) Special gatherings of educational institutions recognized by Govt. or Universities (7) Performances for which a license is required under the Delhi Cinematograph Rules, 2008.

(14)   Licensee or organizer shall be available in the place of Public Amusements during operational hours.

(15)   During an epidemic/pandemic/infectious disease/unforeseen situation, licensee shall strictly comply with all instructions/ directions and restrictions, as may be issued from time to time, by the National Disaster Management Authority (NDMA), District Disaster Management Authority (DDMA) and other Government Agencies in this behalf in respect of any measures considered necessary by them to prevent the spread of epidemic/pandemic/ infectious disease/unforeseen situation.

(16)   There shall be First aid facility readily available at every temporary /permanent place of Public Amusements.

(17)   Every licensee shall take sufficient steps to prevent overcrowding in or around such place and in the event of any disturbance or incident involving injury to human life or limb, illegal activity therein or threat, shall give immediate information of the same to the police.

(18)   If any licensee knowingly permits, persons of notoriously bad character to meet or remain in such place or indulges or permits any illegal activity, the Commissioner of Police or any other officer authorized by him in this behalf shall have the power in his discretion at any time to cancel a license granted under these Regulation or to suspend it for such period as he may specify. The person to whom such direction is issued by the Commissioner of Police or any other officer authorized by him in this behalf shall forthwith comply with such direction.

(19)   Every licensee shall, as soon as he closes or ceases to operate a licensed place of Public Amusements in respect of which a license has been granted under these Regulations and give intimation thereof to the Commissioner of Police or any other officer authorized by him in this behalf for further necessary action by the Licensing Authority.

(20)   Regulation of sound levels and performance hours which are as follows:

(a)      Timings of Public Amusement Performance :-

(i)       The timing for Public Performance at Permanent Places of Public Amusement shall be up to 12.30 AM.

(ii)      The timing for Public Performance at temporary/open Places of Public Amusement shall be up to 10.00 PM as per the Provisions of Noise Pollution (Regulation & Control) Rules, 2000.

(iii)     The timings for Public Amusement Performance and playing of music and other amplifying instruments during such public performance on special religious/festive/cultural occasions of a limited duration not exceeding 15 days in all during a calendar year can be increased beyond the normal timings by a special order passed in this regard on each occasion by the Honble LG, Delhi.

(iv)    The timing for performances in all the Eating houses and Places of public entertainment which have license for permanent place of amusement will be as per the operational timings prescribed in the respective Registration Certificate/License for such Eating house or places for public entertainment in the respective regulations.

(b)      Sound levels:

For all Public Amusement Performances being held, the level of sound to be played will be as per the Provisions of The Noise Pollution (Regulation & Control) Rules, 2000 and/or guidelines issued by any lawful competent authority from time to time.

(21)   The Police Clearance Certificate (PCC) which has been issued within one year prior to date of application shall be considered valid.

CHAPTER 5

Regulation - 6. Refusal/Rejection/Suspension/Cancellation/Revocation, Appeal

(1)     Refusal, Cancellation and Suspension

(a)      Refusal for Grant: -The Commissioner of Police or any other officer who has been delegated/authorized by him in this behalf shall have discretion to refuse license for Place of Public Amusement if such place does not fulfill the requirements as mentioned in Regulations.

(b)      Refusal for Renewal: -The Commissioner of Police or any other officer who has been delegated/authorized by him in this behalf may refuse to renew the License, if the Licensee has submitted a false undertaking or the licensed premises has violated the terms and conditions of the License duly communicated to the Licensing Authority in writing by the area Local Police, making him unsuitable to hold the License.

(c)      Cancellation and Suspension: -

(i)       In case of regulating traffic and for presentation of order in public places etc, the Commissioner of Police or any other officer authorized by him in this behalf shall have the power in his discretion at any time to cancel a License granted under these Regulations or to suspend for such period as he may specify and to direct the Licensee of any Place of Public Amusement to close place either permanently or temporarily.

(ii)      The Licensing Authority may cancel or suspend the license and its operation either permanently or temporarily by giving such order in writing after offering him an opportunity of being heard.

(iii)     If the Commissioner of Police or any other officer authorized by him in this behalf is satisfied after such enquiry as it deems fit that Licensee is not a suitable person for continuing to hold the license or in order to prevent any obstructions, inconvenience in the vicinity or to prevent disturbance in such place shall have the power at any time to cancel a license granted under these Regulations or to suspend for such period as he may specify and to direct the Licensee to close the place either permanently or temporarily.

(iv)    If the Commissioner of police or other officer authorized by him in this behalf is satisfied that licensee has violated any term/condition of the license, shall have the power at any time to cancel his license granted under these Regulations or to suspend for such period as he may specify and to direct the Licensee to close the place either permanently or temporarily.

(2)     No License granted under these Regulations shall be cancelled until the holder of a License has been given a reasonable opportunity of showing cause why this license should not be cancelled.

Provided that no such opportunity for showing cause shall be necessary when the license is suspended temporarily pending an enquiry against the holder of the license for contravention of any of these Regulations or any order made there under or of any of the conditions of the License granted to him.

(3)     Suspension/Cancellation/Revocation/Cessation of operations/Prosecutionby other agencies:

Actions like Suspension/Cancellation/Revocation/Cessation of Operations/Prosecution on any violation of license/NOC granted under relevant statutes by other agencies shall be taken by them as per their respective Acts/Rules/Regulations applicable to them. The concerned agencies shall be solely responsible for execution of such Suspension/ Cancellation/ Revocation/Cessation of Operations/ Prosecution orders as per their respective Acts/Rules/Regulations.

(4)     Power to issue directions :

The Commissioner of Police/Licensing Authority shall issue directions/conditions from time to time for operational reasons to be complied with by the Licensee.

(5)     Responsibilities of the applicant: It shall be the sole responsibility of the applicant to obtain necessary NOCs/permissions/compliances etc. from the concerned authorities and statutory bodies.

(6)     Responsibilities of other agencies: The Certificates/NOCs/Compliances (wherever applicable) with respect to Health, Fire Safety, Environmental norms, structural and Electrical safety and other safety aspects shall be issued by the respective government agencies as per their acts/rules/byes -laws.

(7)     The Licensee of a Place of Public Amusement shall ensure that no public amusement performance is held unless necessary public performance license has been obtained from the competent authority. It shall be collective responsibility of the licensee, organiser or authorised nominees to ensure that all the terms and conditions of the license are complied within letter and spirit during the performance. In case of violation of these provisions, the place of public amusement licensee and the organizer shall be jointly held responsible and prosecuted as per law.

(8)     Appeal-

(a)      Any person, aggrieved by an order of the officer authorized by Commissioner of Police refusing to grant or renew license or cancelling a license under the provisions of these Regulations may within 30 days from the date of communication to him of such order, appeal to the Commissioner of Police, Delhi.

(b)      Any person, aggrieved by an order of Commissioner of Police refusing to grant or renew license or cancelling a license under the provisions of these Regulations may within 30 days from the date of communication to him of such order, appeal to the Administrator, Delhi.

(9)     Review of Regulations:-

In order to bring them in conformity with the changed circumstances, these Regulations shall be reviewed from time to time and at-least once in two years.

Regulation – 7. Repeal and Savings

(1)     Immediately with effect from the date on which these Regulations come into force, the Notification issued on 29th December, 1980 shall stand repealed.

(2)     Notwithstanding any such repeal, anything done or any action taken or purported to have been taken or any license granted, under the notification repealed by sub-regulation (1), shall, in so far as these are not inconsistent with these Regulations or the Delhi Police Act, 1978, be deemed to have been done, taken or granted under the corresponding provisions of these Regulations Supersession Clause: -This Notification supersedes the previous Notification N.4935 Special Cell issued on 29th December, 1980.