Police ask bars in Kolkata to hold breathalyzer test on patrons. Not our job, say bars – Times of India

KOLKATA: Restaurant and bar owners in the city are caught in a strange situation with Kolkata Police sending out notices to several establishments on Thursday, asking them to procure breath analysers and test patrons before they leave, to check whether they have consumed more than the permissible limit of liquor to drive.
Bar and restaurant owners have also been asked to persuade patrons to refrain from driving, if not fit.

Joint commissioner (headquarters) Subhankar Sinha Sarkar told TOI this was the police’s attempt at preventing drink-driving and consequent accidents. “You are hereby directed to procure Breath Analyser and to cause Breath Analyser Test as a mandatory provision to the customer prior to leaving your premises and prevent the intoxicated customers from driving the vehicles and if necessary, alternative arrangements can be made,” said the January 4 directive, signed by Sinha Sarkar, asking the establishments to treat it as urgent and implement it strictly.
The circular sent the Bar and Restaurant Owners’ Association into a huddle to come up with an implementable plan on Friday and at the same time, attempting to seek an appointment with the joint CP. A Park Street bar-cum-restaurant owner said this could lead to a serious law-and-order problem, rather than help prevent drink-driving. “Patrons may object if they are asked to take a breathalyzer test. If we insist, there could be an argument that may turn ugly. This could lead to loss of business for us as none would like to be tested after buying their drinks. Most importantly, we don’t have the legal authority to conduct the test and that makes us liable to be sued,” he said. He added bars could find it difficult to explain the possible sudden drop in liquor sales to the excise department.
“Drink-driving is a punishable offence and a cause for a large number of accidents. This can be controlled if people who have had alcohol are not allowed to drive. As breath analyser gadgets are easily available, we are asking bar and restaurant operators to procure them, test patrons and try to persuade them not to drive. But if the patron still drives… the onus will not be on restaurant/bar owners,” said Sarkar, stressing it was a request.
The traffic department said the rise in drink-driving prosecutions forced them to “seek help from all stakeholders”. “We booked 26,414 people for drink-driving in 2022, a 208.2% jump from that in pre-pandemic 2019, when we had booked 8,571 people,” said DC (traffic) Sunil Kumar Yadav.
“What if customers are not comfortable being tested by restaurant and bar employees? We are not police who can force them to take the test. What if a patron lies and says he/she won’t drive but does it anyway? There are a lot of grey areas and we are trying to meet the police,” said Sudesh Poddar, president, Hotel and Restaurants Association of Eastern India (HRAEI). Varun Bhimani, owner of M Bar, fears they may face legal action if they try to stop a patron from driving, however high he might be. “We can be jailed for wrongful restraint or even kidnap. We offer drivers to ferry tipsy customers home,” he said.
Aditya Ladsaria, head of National Restaurant Association of India (Kolkata chapter) said they appreciate cops’ efforts to curb drink-driving, but they did not have the right to implement the move. “This may create ruckus, if we, as civilians, want to enforce the law. Unruly drivers have assaulted cops while trying to flee naka. Imagine what may happen at a restaurant/bar. It’s difficult for us to know who’ll drive and who’ll not,” he said.