Expressing concern over the use of tobacco products in public restaurants and taking into account the various laws, the Madras High Court on Tuesday said the authorities concerned should take measures to regulate ‘hookah' bars, by prohibiting or permitting them with stringent conditions.

It was absolutely necessary for the State and the authorities concerned as well as other stakeholders to take immediate efforts to improve public health as among its primary duties. In particular, the State should prohibit use of tobacco products viz cigars, cheroots, hookah tobacco, pipe tobacco and pan masala by taking stringent action against all traders who used such products in restaurants, the court said.

Justice V.Dhanapalan said this before parting with a case in which he directed the Chennai Corporation authorities to remove the seal of a restaurant here. He said the petitioner who had a licence for running the restaurant, should be allowed to continue as a vegetarian restaurant as per the conditions in the licence and also its undertaking not to run “hookah bar” in the restaurant.

The petitioner, Robustaa (Hyglow Cafe) at Kilpauk here, represented by its partner, N.Vishal Kumar, sought to restrain the Corporation authorities from interfering with the restaurant's business pursuant to the licence granted to by the civic body.

According to the petitioner, the restaurant, a small eat-out-joint, was started in January 2011. Its licence was valid till March 31 next year. By a notice of July 5 this year, the Corporation issued a notice to the restaurant stating that it was also selling tobacco products and allowing hookah smoking, and thereby violated the Tamil Nadu Public Health Act. The restaurant was sealed. The petitioner said he filed a reply stating that the eatery would abide by all rules and regulations. The restaurant would be run without giving room for any adverse notice.

During the hearing on July 21, the restaurant gave an undertaking that it would not sell any tobacco products and discontinue the sale of hookahs. Disposing of the petition, Mr.Justice Dhanapalan recorded the undertaking. He said taking note of the fact that the petitioner was having licence till March 2012 and in the absence of incorporation of the relevant provisions of law in the conditions of licence, he was of the considered opinion that the restaurant should be allowed to continue as a vegetarian restaurant as per the licence conditions and the undertaking.

He directed the civic body to remove the seal on the premises. The Corporation was at liberty to inspect the premises at regular intervals and take action if there was violation of conditions.

Hookah tobacco was essentially a blend containing “tobacco leaves with molasses or honey or fruit pulp or semi-dried fruit, depending upon the taste of the smoker.” According to the petitioner, it was also a “common practice among some smokers to include pomegranate juice or rose oil to this blend to add extra flavour.”