1[Provided further that, any licence shop shall not be shifted within the Mumbai City and Mumbai suburban District, without prior approval of the Government]
11[Provided also that, the number of licensed shops for such shifting shall not exceed 30% of the total existing Licensed shops in Chandrapur District as on the 31st March, 2015.]
(c) a licensed shop shall not be shifted by retail licensee to any place from one district to another district without prior approval of the Government;
7[Provided that, the number of such licensed shops for shifting out of the district, 12*** shall 3not exceed 30 percent. of the total licensed shops existing in the district at the time of commencement of these rules:
Provided further that, the number of such licensed shops shifted in the district from other district, shall also 3not exceed 30 percent. of the total licensed shops existing in any district at the time of commencement of these rules;
5[Provided also that, in case of Chandrapur district the number of licensed shops for shifting shall 14not exceed 30% of the total licensed shops existing in the Chandrapur District as on 31st March 2015.]
(d) the shifting of licences under clauses (a), (b) and (c), shall be subject to the fulfillment of the following conditions, namely:—
-
8[considering the sale of liquor of past five years, the sale of liquor of any two years of last four years shall be less than the sale of first year of the block of five years; or considering the sale of liquor of past five years, the sale of liquor of any three years shall be less than that of the annual average sale of the liquor for the same five years;
Provided that, the licenced shop holds valid licence during the said period;]
- that there is no inconvenience of drinking of liquor to the people residing in that area;
- that the Grampanchayat in whose area licenced shop is proposed to be shifted, has given no objection by passing a resolution of the Gramsabha; and if the shop is proposed to be shifted to any area other than Grampanchayat area, no objection of the Municipal Council concerned has been obtained;
- that the proposed premises are free from distance restriction as provided under sub-rules (2) and (3) above;
5[provided that, the licensed shop shall be shifted to the premises where no shop with similar license is situated within the aerial distance of 100 meters from the proposed premises.]
- 10that the area of proposed premises shall not exceed seventy square metres.
- that the construction of the premises in which shop is proposed to be shifted is an authorised construction and a certificate of the competent local authority is submitted;
Provided that, the proviso to clause (b) and sub clauses (f) and (h) of clause (d) shall not apply in respect of shifting of licensed shop which has been closed down or required to be closed down as per the provisions of the Bombay Prohibition (Closure of Licence on Resolution by the Village Panchayat or Gramsabha or Women/Social Organisation or Representation by Voters in the Village or Ward of Municipal Council) Order, 2003.
7[Provided further that, the conditions as laid down in sub-clauses 13(i), (ii) and (iii) of clause (d) of sub-rule (4) shall not apply in respect of the following situations; however under such situation shifting shall be allowed within the area of 14same district as the case may be,
- (A) licensee whose premises are affected by the implementation of Development Scheme such as road widening, and the like;