The Allahabad High Court recently said that police authorities do not have the power to restrain the sale or consumption of alcohol in concerts and other events while granting permission under the Noise Pollution (Regulation and Control) Rules, 2000.

“A power to regulate noise pollution cannot be used as a tool to control the serving of intoxicants. We further find that there is no provision in the Rules of 2000 with regard to the power and/ or scope of permitting or denying the permission for serving of intoxicating products, including alcohol”, the Court said.

The High Court issued the observation while quashing a condition placed by the Lucknow Police restraining serving of liquor during a music concert. The petitioner Atlani Brothers Live is a proprietorship firm owned by Mamta Atlani who had challenged the condition through her lawyer while seeking permission for conducting a live concert sponsored by Casa Bacardi on October 10, 2026 at Dayal Gateway, Gomti Nagar in Lucknow.

Permission for conducting the concert was granted by the Additional Police Commissioner (Law and Order) on September 30 with 18 conditions one of which stated that “Sale or Serving of Alcohol or any intoxicating drink or drug is strictly prohibited during the event/concert”.

The petitioner contested the condition restraining serving of liquor and contended that the Noise Pollution Rules do not confer any power on the police authorities to impose conditions with respect to the sale of alcohol.

Petitioners stated that the concert was sponsored by Casa Bacardi which is in the liquor business and that alcohol was proposed to be sold during the event. They also relied on the fact that permission was granted by the police for a similar concert called ‘Papon Live’ in July 2026 where no such restriction was placed.

The State government opposed the petition but could not contest the fact that conditions restraining the sale of alcohol was not stipulated under the Noise Pollution Rules.

“The object of hearing the applicant-appellant is frustrated when the State does not come forward to contest the said argument placed by Learned counsel for the applicant”, the Bench observed.

“The restriction relating to decibel levels can be imposed by the Police under the Noise Pollution Rules but there is no Rule empowering them to regulate serving of intoxicants,” the Bench said.

The Bench also took note of the fact that other concerts were being organised without such restrictions.

Senior Advocate Suriansh Narula, Advocate Ankit Verma and Advocate Pali Anurag appeared for the petitioner.