FORM F. L. / BR/II

Vendor’s licence for sale of beer 2 [or wine or both] in sealed bottles for off consumption.

See rule 42A(2)

Under: THE BOMBAY FOREIGN LIQUOR RULES, 1953

What this form is for

Form F.L./BR/II is the vendor's licence that authorises a licensee to sell beer, wine or both in sealed bottles from a specified shop for consumption off the premises, for a fixed licence period. It is issued by the Collector to an applicant who wants to run a retail bottle shop for beer or wine, and it carries conditions on agents, transfers, partnerships, signboards and surrender of stock. The form is prescribed under rule 42A(2) of the Bombay Foreign Liquor Rules, 1953, and is granted under the Bombay Prohibition Act, 1949.

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Form text (extracted)

798 Bombay Prohibition Act, 1949 [1949 : Bom. XXV

1
[ FORM F. L. / BR/II ]
[See rule 42A(2)]

Vendor’s licence for sale of beer
2
[or wine or both] in sealed bottles for off consumption.
Licence is hereby granted under and subject to the provision of the Bombay Prohibi-
tion Act, 1949 (Bom. XXV of 1949) and the rules, regulations and orders made thereunder,
to .......................................................... of ............................................. (hereinafter called “the
licence”) on payment of a fee (inclusive of consideration) of Rs. ................... authorising
him to sell beer or wine or both in sealed bottles at his licensed premises situated
at ........................... during the period from .......................... to .............................. (both days
inclusive), subject to the following conditions, namely :––

CONDITIONS
1. The licensee shall carry on the business of selling beer or wine or both in sealed
bottles selling wine in sealed bottles or beer in sealed bottles or growlers or both at the
licensed premises either personally or by an agent or servant duly authorised by him in this
behalf by a written Nokarnama in Form F. L. XIV signed by himself and countersigned
by Excise Officer not below the rank of a Sub-Inspector : provided that any such
Nokarnama signed by the licensee shall be valid until countersigned in refused. If for
any reason, the Collector orders the withdrawal of any Nokarnama issued by the
licensees, the Nokarnama shall be forthwith withdrawn. For every Nokarnama issued
by him and countersigned by the licensee shall pay a fee of Rs. 1 No. Nokarnama shall be
issued to any person who is below 21 years of age and no such, Nokarnama, if issued
shall be valid.
2. Except with the permission of the Collector, the licensee shall not sell, transfers of
sub-let his right of selling beer
2
[or wine or both] in sealed bottles selling wine in sealed
bottles or beer in sealed bottles or growlers or both conferred upon him by this licence,
nor shall he in connection with the said right enter into any agreement or arrangement
which is of the nature of a sub-lease. If any question arises whether any agreement or
arrangement is in the nature of a sub-lease the decision of the Collector on such question
shall be final and binding on the licensee.
3. The licensee shall keep and sell beer
2
[or wine or both] in sealed bottles as
obtained under the licence in Form FL- I and Kegs as obtained under the licence in Form
FL-I or from a person holding microbrewery or a restaurant-brewery licence
respectively.
4. No person shall be recognised as partner of the licensee for the purpose of his
licence, unless the partnership has been declared to the Collector before the licence is
granted and the names of the partners have been entered jointly in the licence or if the
partnership is entered into after the granting of the licence, unless the Collector agrees on
application made to him to after the licence and to add the name or names of the partner
or partners in the licence.

1 Inserted by 19-8-04.
2 Sub. by 19-8-06.

1949 : Bom. XXV] Bombay Prohibition Act, 1949 799
5. The licensee shall always display at the entrance of the shop, a signboard of the size
of 60 centimeters by 90 centimeters bearing the following inscriptions in legible characters
:––
1. Name of the licensee(s).
2. Licence No.
3. Location of the shop
4. Authorised opening and closing hours of the shop. No
additional items shall be inscribed on the signboard.
6. The licensee shall abide by the conditions of this licence and the provisions of the
Bombay Prohibition Act, 1949 and the rules, regulations and orders made thereunder and shall
give an undertaking to that effect.
7. The licensee shall comply promptly with all lawful orders and directions issued from
time to time by the Commissioner, Collector or the Superintendent or Inspector of State Excise.
8. The licensee, his heirs, legal representative or assignees shall have no claim
whatsoever to the continuance or renewal of this licence after the expiry of the period for which
it is granted. It shall be entirely within the discretion of the Collector to permit or not the
assignee of licensee, in case of sale or transfer to the heir or legal representative of the licensee,
in case of death, to have the benefit of the licence for the unexpired portion of the term for
which it is granted.
9. This licence may be suspended or cancelled in accordance with the provisions of
section 54 or 56 of the Bombay Prohibition Act, 1949.
10. In case this licence is cancelled or suspended during the currency of the licence period
or is not renewed on its expiry, the licensee shall surrender the whole stock of unsold beer
2
[or wine or both] forthwith to the Collector. The stock of beer or wine or both so surrendered
shall be sold by the Collector and the proceeds of the sale shall, after deducting the expenses
and any sum due to the State Government be returned to the licensee.

Granted this ................................................. day of ....................................... 2004.

Seal of the Collector.

Collector of ............................ District’

1 Inserted by 19-8-04.
2. Sub. by G. N. 14-8-2006.