BMC still undecided on hookah parlours?

Civic body leaves hookah bar owners confused by not allowing such joints to open despite declaring them legal in a circular issued last week

Despite the BMC issuing a circular stipulating guidelines for hookah parlours and effectively declaring them legal last week, the civic body's health department is refusing to allow such parlours to operate in the city, leaving the owners a confused, disgruntled lot. MiD DAY had reported on the circular on May 11 ('Hookah bar haze lifted') and had spoken to Additional Municipal Commissioner Manisha Mhaiskar, who had said, "We are now taking points from the Cigarettes and Other Tobacco Products (Packaging and Labelling) Act (COPTA), 2003, and incorporating them into the eating house licence to allow hookahs to be sold. If the restaurants follow the norms scrupulously, they are permitted to serve hookahs in their premises and the eating-house licences of those not doing so will be revoked. This will be applicable to both the existing and upcoming restaurants in the city."


Unjust? A few hookah joints in Bandra have managed to open their
outlets with police permission, while many in South Mumbai are struggling
to do so despite following the norms. File Pic

When we spoke to BMC's Executive Health Officer, Dr Gourish Ambe, yesterday, however, he said, "We have not permitted any hookah parlours to open." When Ambe was asked about the circular and whether the refusal did not contradict it, he said, "It is just a circular. We have brought hookah joints under the ambit of eatery licences and COPTA, but we have not yet permitted anyone to open. This is because there are only three joints, to my knowledge, which are adhering to the smoking norms."

Situation now
While a few hookah joints in Bandra have managed to open their outlets with police permission, many in South Mumbai are struggling to do so despite following the norms listed in the circular. DCP KMM Prasanna, who has jurisdiction over areas like Bandra, Santacruz and Andheri, said, "Our job is to make sure that the establishments adhere to the rules and regulations. We have permitted the eateries to open on the condition that they follow the norms laid out in the circular and have made them sign an undertaking to that effect. The hookah joints that don't follow the norms cannot serve shishas but can serve food and beverages."

The owner of a south Mumbai-based restaurant, who is awaiting permission to serve hookahs again despite following the norms, said, "Why are they being unjust? The police and the BMC should allow us to open if we follow the norms, but they are refusing saying they are awaiting orders from seniors. We are losing out on business here."

Provisions
The circular states:
- Restaurants serving hookahs should have a seating capacity of 30 persons or more and have a separate smoking area.
- Smoking area should not be established at the entrance or exit of the restaurant.
- It should be distinctively labelled 'smoking area' in English and Marathi.
- Smoking area should be used for smoking only and no service (food/beverages) should be allowed.
- It should be separately ventilated in the following way: It should be physically separated and surrounded by full height walls on all four sides and it should have an entrance with an automatically closing door, which should normally be kept in closed position.
- The air from the area should be exhausted directly outside and should not mix with the air supply for the other parts of the building. It should be fitted with a non-recirculation exhaust ventilation system, an air cleaning system, or a combination of the two.
- The smoking area should have negative air pressure in comparison to other parts of the building.