Bar alcohol test on patrons not mandatory, clarifies top cop in Kolkata – Times of India

KOLKATA: Kolkata Police commissioner Vineet Kumar Goyal clarified on Saturday that it would “not be mandatory” for bars and restaurants to conduct breathalyzer tests on patrons. If a patron does take the test and get an all-clear blood-alcohol report from the establishment, he or she can show it to police at check nakas to avoid being tested by them again.
The top top’s “observations” came a day after Kolkata Police sent out notices to several bars and restaurants, asking them to procure breath analyzers and test their patrons before they left their premises.

The eateries were directed to persuade the guests to refrain from driving if their blood alcohol contents were found to be beyond the permissible limits. This was an attempt at curbing drink-driving and consequent accidents, police had said on Friday.
Goyal, who was at Bharat Chamber of Commerce, said, “This is more of an advisory. We are not making it mandatory for pub owners. This is putting a system in place that willing patrons can avail of. If a guest wants, a test will be conducted and a reading will be given out, along with his/herphoto and time.
If the person shows this report at a naka, he/she will save time and undue harassment of having to go through the test on the road. The sergeant will have the discretion to decide if sufficient time has passed between the test at the pub and arrival at the naka and may decide to call for a second test. Our aim is not to prosecute or collect fines. Our aim is to inculcate a sense of self-discipline to achieve two goals: road safety and prevention of harassment on roads. It will be an additional measure for patron to learn that he/she is not in a position to drive.”
The police commissioner’s clarification notwithstanding, bar owners pointed out that the notice had mentioned a “mandatory” provision and that no written order otherwise had since been sent to them. “A fresh notice stating this is just an advisory will help clear matters,” said a patron at a Park Street bar.
Even President of Hotel and Restaurant Association of Eastern India (HRAEI) Sudesh Poddar also pointed out the letter made the test “mandatory”. KK’s Fusion owner Pradip Rozario also pointed out that unless a revised written order was issued, there would be confusion. “The earlier letter from police says it is mandatory,” he added.
The notice, issued on Thursday and signed by joint commissioner (headquarters) of Kolkata Police Subhankar Sinha Sarkar, had stated, “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 (4- and 2-wheeler) and if necessary alternative arrangements can be made.” Establishments were asked to treat the notice as an “urgent” matter” and to “implement the direction strictly”.
Poddar said while HRAEI appreciated police’s effort to curb drink-driving and that its members were willing to cooperate, they were not sure of their legal standing. “We are trying to figure out under which legal provision we are supposed to carry out the test.
This might amount to infringement of our customers’ privacy,” he said. Nitin Kothari, owner of Park Street restaurants Peter Cat, Mocambo and Peter Hu?, said while he was against drink-driving and wanted to cooperate with police, he found it difficult to request customers to undergo the test. “We cannot act as a quasi-law implementing agency,” he said.
Parnav Singh, former HRAEI president and owner of Malt and Opium Bar and Restaurant, pointed out restaurants could at best provide an advisory to customers, as envisaged by the police commissioner, but could not carry out compulsory tests, as advised in the order. “We do play an advisory role, but we cannot be a law enforcement agency. We can test a customer only if the person voluntarily comes to us,” he added.