South India Hotels & Restaurants Association M-1 ‘Prince Centre’ 709-710, Anna Salai Chennai – 600 006 Tel : 044 28297511-12 1 READY RECKONER (up-dated as of 31st May 2012) ON CENTRAL / STATE AGENCIES SANCTIONS/CLEARANCES REQUIRED FOR HOTELS IN SOUTH INDIA Note: This is only a simple easy reference guide based on information received and collated at our end. We recommend that an independent enquiry is also made by the reader to ascertain the requirements 2 Page Numbers 4&5 ANDHRA PRADESH 6&7 KARNATAKA 8&9 KERALA 10 & 11 TAMIL NADU&PONDICHERY 3 List of Sanctions /Clearances required from Central/State Agencies to set up and operate a Hotel ANDHRA PRADESH Within Municipal Corporations in Andhra Pradesh I) At Project stage : Nature of Approval required Licensing/Issuing Authority 1. Sanction of Building Plan. Municipal Corporation 2. Clearance of Urban Ceiling Act State Government 3. Consent of Additional Floor space Local City Development Authority 4. Height clearance of the Hotel Local Authority/DGCA if it is in vicinity of airport and in the Line of approach/take offs of aircrafts 5. Land and Property Tax Local body/Municipal Corporation 6. NOC Fire Department Local Fire Department 7. Approval of Water lines and Sewerage Municipal Corporation/Metro Water And Sewerage Development Board 8. Consent of Air/Water pollution AP Pollution Control Department (both at project stage and after the hotel has become functional) 9. Approval for Garbage disposal & Sewage Municipal Corporation 10. License for Power, Electrical installation, Installation of Generator, Laundry equipment EPDC of Andhra Pradesh 11. Project Approval to get Tax concessions Ministry of Tourism, Government of & Star Classification 12. Income Tax PAN and TAN Registration India. Income Tax Department/NSDL 4 ANDHRA PRADESH (Contd) At the time of Opening of the Hotel: Nature of Approval required Licensing/Issuing Authority 1. Lodging House/Hotel Trade License Municipal Corporation e.g. GHMC for Hyderabad; GVMC for Visakhapatnam Municipal Corporation e.g. GHMC for Hyderabad; GVMC for Visakhapatnam Labour Office Gazetted Food Inspector Office of the State Food Safety Commissioner Controller of Weights & Measure7. 7. City Corporation Commercial Tax Department Central Excise Department Commissioner of Police 2. Eating House (Restaurant & Bakery) 3. Registration under Shop & Establishments Act 4. Nomination for Food Handlers License 5. Registration for getting FSSAI License for the Preparation of Food in Hotels & Restaurants 6. Calibration of Weights & Measures Operating Beauty Parlour/Saloon 8. VAT Registration/Luxury Tax 9. Service Tax Registration 10. NOC to Run the Hotel/Licence for establishment For place of public entertainment 11. License to play Music in Hotel rooms, Common Areas and to obtain license for Special events 12. Registration under PF Act & EPF Act Public Performance Licence (PPL Indian Performing Rights Society (IPRS) Provident Fund Commissioner 13. Registration under ESI Act 14. Minimum wages Act, Bonus Act, Labour Act Maternity Benefit etc 15. Swimming Pool License ESI Corporation State Government Department of Labour City Corporation, Commissioner of Police 16. Air & Water Pollution 17. Bar License (for Hotels) 18. Building Completion Certificate 19. Restricted Money Changer’s license 20. Import License under EPCG 21. Hotel Star Classification AP Pollution Control Board State Excise Department Municipal Corporation Franchisee from FFMC DGFT, Ministry of Commerce, GOI Ministry of Tourism, Govt of India 22. Satellite Channels Authorised Distributors 5 List of Sanctions /Clearances required from Central/State Agencies to set up and operate a Hotel KARNATAKA Within Municipal Corporations in Karnataka e.g. Bengaluru I) At Project stage : Nature of Approval required Licensing/Issuing Authority 1. Sanction of Building Plan. Municipal Corporation e.g. Bruhat Bangalore Mahanagar Palike 2. Clearance of Urban Ceiling Act State Government 3. Consent of Additional Floor space 4. Height clearance of the Hotel Corporation/Bangalore Mahanagar Palike Local Authority/DGCA if it is in the vicinity of airport and in the Line of approach/take offs of aircrafts 5. Land and Property Tax ` Local body/Municipal Corporation 6. NOC Fire Department Local Fire Department 7. Approval of Water lines and Sewerage Corporation (Bangalore – BWSSB) 8. Consent of Air/Water pollution (Hotels Green category) Pollution Control Department (both at project stage and after the hotel has become functional) 9. Approval for Garbage disposal & Sewage Corporation 10. License for Power, Electrical installation, Installation of Generator, Laundry equipment 11. Approval for installing Cold storage Karnataka State Electricity Board 12. Sanction of LPG, furnace etc Ministry of Petroleum, Govt of India and Gas Authority (Indian Oil Corporation) Ministry of Tourism, Government of India. Local Body 13. Project Approval to get Tax concessions KARNATAKA (Contd) 6 II) At the time of Opening of the Hotel: Nature of Approval required Licensing/Issuing Authority 1. 2. 3. 4. Lodging House Trade License Eating House (Restaurant & Bakery) Nomination for Food Handlers License Registration for getting FSSAI License for the Preparation of Food in Hotels & Restaurants 5. Registration under Shop & Establishments Act Municipal Corporation (Health Dept) Municipal Corporation (Health Dept) Gazetted Food Inspector Office of the State Food Safety Commissioner Labour Office 6. Nomination under Prevention of Food Adulteration Act / Food Handlers License 7. Operating Beauty Parlour/Saloon 8. Calibration of Weights & Measures 9. VAT Registration/Luxury Tax City Corporation City Corporation Controller of Weights & Measure Commercial Tax Department 10. Service Tax Registration Central Excise Department 11. NOC to Run the Hotel/Licence for establishment Commissioner of Police for place of public entertainment 12. License to play Music in Hotel rooms, Common Public Performance Licence (PPL) Areas and to obtain license for Special events Indian Performing Rights Society (IPRS) 13. Registration under PF Act & EPF Act Provident Fund Commissioner 14. Minimum wages Act, Bonus Act, and Labour Act State Government – Dept of Labour Maternity Benefit etc 15. Fire License Karnataka Fire & Emergency services 16. Air & Water Pollution (Hotels under Green category) Karnataka Pollution Control Board 17. Bar Licence State Excise Department 18. Building Completion Certificate Municipal Corporation 19. Restricted Money Changer’s license Franchisee from FFMC 20. Import License under EPCG DGFT, Govt of India 21. Hotel Classification Ministry of Tourism, Govt of India List of Sanctions /Clearances required from Central/State Agencies to set up and operate a Hotel 7 KERALA Within Municipal Corporations, Municipalities and Panchayat in Kerala I) At Project stage: Nature of Approval required Licensing/Issuing Authority (1) Sanction of Building Plan. Panchayat/Municipalities/ Corporation (2) Clearance of Urban Ceiling Act State Government (3) Consent of Additional Floor space Not Permitted- State Govt. will not entertain application for the relaxation of the statutory norms. (4) Height clearance of the Hotel DGCA, and for Cochin by the Indian Navy as the Air space is controlled by the Naval Authorities. (5) Land and Property Tax Panchayat/Municipalities/ Corporation (6) NOC Fire Department Local Fire Department or from their HQ at Thiruvananthapuram. (7) Approval of Water lines and Sewage Panchayat/Municipalities/ Corporation (8) Consent of Air/Water pollution Kerala State Pollution Control Board (both at project stage and after the hotel has become functional) (9) Approval for Garbage disposal & Sewage Panchayat/Municipalities/ Corporation (10) License for Power, Electrical installation, Kerala State Electricity Board Installation of Generator, Laundry equipment (11) Approval for installing Cold storage Panchayat/Municipalities/ Corporation (12) Sanction of LPG, furnace etc Ministry of Petroleum, Govt of India and Gas Authority (IOC) State fire Departments Clearance is mandatory from the Safety point of view. (13) Project Approval to get Tax concessions Ministry of Tourism, Government of India KERALA (CONTD) 8 II) At the time of Opening of the Hotel: Nature of Approval required Licensing/Issuing Authority (1) Lodging House License (2) Restaurant License (3) License for Manufacture & Sale of Eatables (MPFA) Panchayat/Municipalities/ Corporation Panchayat/Municipalities/ Corporation Panchayat/Municipalities/ Corporation (4) Registration for getting License for the Preparation of Food in Hotels & Restaurants (5) Registration under Shop & Establishments Act Office of the Food Safety Commissioner Labour Office under the State Govt. (6) Nomination under Prevention of Food Adulteration Act / Food Handlers License (7) Operating Beauty Parlour/Saloon (8) Calibration of Weights & Measures (9) VAT Registration/Luxury Tax (10) License to play Music in Hotel rooms, Common Areas and to obtain license for Special events (11) Registration under PF Act & EPF Act (12) Minimum wages Act, Bonus Act, Labour Act Maternity Benefit etc (13) Air & Water Pollution (14) Liquor License (For Hotels) (15) Building Completion Certificate (16) Restricted Money Changer’s license (17) Import License under EPCG (18) Hotel / Restaurant Classification 9 Director of Health Services, Govt. of Kerala Panchayat/Municipalities/ Corporation Controller of Weights & Measure, Govt. of Kerala State Sales Tax Department Public Performance Licence (PPL) Indian Performing Rights Society (IPRS) & Local Police clearance for using Mike. Provident Fund Commissioner State Government Department of Labour Kerala Pollution Control Board Kerala State Excise Department Panchayat/Municipalities/ Corporation Reserve Bank of India Director General of Foreign Trade Ministry of Commerce, Govt of India Ministry of Tourism, Govt of India List of Sanctions /Clearances required from Central/State Agencies to set up and operate a Hotel TAMIL NADU Within Municipal Corporations in Tamil Nadu e.g. Chennai, Coimbatore & Madurai I) At Project stage: Nature of Approval required Licensing/Issuing Authority (1) Sanction of Building Plan. Municipal Corporation/CMDA (2) Clearance of Urban Ceiling Act State Government (3) Consent of Additional Floor space CMDA (in case of Chennai) (4) Height clearance of the Hotel Local Authority/DGCA if it is in the vicinity of airport and in the Line of approach/take offs of aircrafts (5) Land and Property Tax Local body/Municipal Corporation (6) NOC Fire Department Local Fire Department (7) Approval of Water lines and Sewerage Corporation/CMWSSB (for Chennai) (8) Consent of Air/Water pollution (10) Approval for Garbage disposal & Sewage Pollution Control Department (both at project stage and after the hotel has become functional) Corporation (10)License for Power, Electrical installation, Installation of Generator, Laundry equipment (11)Approval for installing Cold storage Electricity Board i.e. TNEB Local Body (12)Sanction of LPG, furnace etc Ministry of Petroleum, Govt of India and Gas Authority (Indian Oil Corporation) Ministry of Tourism, Government of India. (13) Project Approval to get Tax concessions TAMIL NADU (Contd) 10 II) At the time of Opening of the Hotel: Nature of Approval required Licensing/Issuing Authority (1) Lodging House License (2) Eating House (Restaurant & Bakery) (3) License for Manufacture & Sale of Eatables (MPFA) (4) Gradation of Restaurant (5) Registration for getting FSSAI License for the Preparation of Food in Hotels & Restaurants (6) Registration under Shop & Establishments Act (7) Nomination under Prevention of Food Adulteration Act / Food Handlers License (8) Operating Beauty Parlour/Saloon (9) Calibration of Weights & Measures (10) VAT Registration/Luxury Tax (11) Service Tax Registration (12) License to keep Public Amusement PRL/Lodging (13) License to play Music in Hotel rooms, Common Areas and to obtain license for Special events (14) Registration under PF Act & EPF Act (15) Minimum wages Act, Bonus Act, Labour Act Maternity Benefit etc (16) Swimming Pool License Police (17) Air & Water Pollution (18) Liquor, FL 3 License (For Hotels) (19) Building Completion Certificate (20) Restricted Money Changer’s license (21) Import License under EPCG Revenue Department Corporation Health Officer Corporation Health Officer (22) Hotel Classification 11 Corporation Health Officer Office of the State Food Safety Commissioner Labour Office City Corporation City Corporation Controller of Weights & Measure Commercial Tax Department Central Excise Department Commissioner of Police Public Performance Licence (PPL) Indian Performing Rights Society (IPRS) Provident Fund Commissioner State Government Department of Labour City Corporation, Commissioner of Tamil Nadu Pollution Control Board State Prohibition & Excise Department CMDA – for Chennai. Reserve Bank of India Director General of Foreign Trade Ministry of Commerce, Govt of India Ministry of Tourism, Govt of India HOTELS IN SOUTHERN STATES MANDATORY REQUIREMENTS, BAR LICENCES & TAXES Index Page Nos Government Norms (State wise) ... 13 Requirements for Bar Licence ... 14 & 15 Luxury Tax/ VAT rates applicable ... 16 & 17 12 13 REQUIREMENTS FOR BAR LICENCE FOR HOTELS IN SOUTHERN STATES (As on 31.05.2012) 1. Andhra Pradesh A) B) C) D) E) Liquor Bar licenses are given to 3 Star & above Hotels Annual Bar Licence Fees Rs 18 Lakhs Additional Fees for Serving Liquor for 24 hrs: 4 star & above hotels will be permitted to serve liquor around the clock by paying an additional fee of Rs 6 Lakhs. License is valid for the entire hotel. Approved Restaurants are given Beer & Wine licenses. 2. Karnataka A) No Classification is required for getting Bar License B) Annual (i) (ii) (iii) C) Bar Licence Fees : For Hotels For Stand Alone Restaurants For Beer & Wine Parlours Rs 3 Lakhs Rs 3.80 Lakhs Rs 0.50 Lakhs (The above fee includes the standard annual fees plus certain percentage of annual consumption and KDIFC charges for a typical 5 Star deluxe hotel.) Liquor can be served anywhere in the hotel. 3. Kerala A) B) C) D) E) Annual Bar Licence Fees: (i) For the Entire Hotel (ii) For Wine/Beer Parlour Rs 24 Lakhs Rs 5 Lakhs Till 31.03.2012 only 3 Star and above hotels were permitted a Bar license. For issuing new Bar Licences there is a condition that the distance between two Bars should be Three Kilometres in Panchayat area and one Kilometre in Municipality / Corporation area. Also the norm for 3 star hotels is that there should be a distance of 150 meters between the Bar and a Religious place of Worship/School and similarly for 4 star Hotels the distance between the above places should be a minimum of 50 meters With effect from 1st April 2012 onwards, newly constructed hotels that require Bar licences should have 4 Star and above Classification status. The distance for issuing Bar Licence for four star hotels has been increased to 200 Metres. It is proposed that from financial year 2013-2014 onwards bar licenses will be given only to 5 star hotels with a minimum of 25 rooms. Also, it will be required that the distance between two bars should be a minimum of 1 Kilometre. 14 However, in the following Ten Tourist centres – Bekal; Vythiri; Allapuzha; Kumarakom; Fort Kochi; Kumily; Munnar; Varkala;Kovalam; Ashtamudi (Kollam) - bar License will continue to be issued to hotels with 3 Star Status and having twenty rooms. In these areas, the new condition regarding distance between bars will also not be applicable. F) Effective 01/04/2012, the Working Hours of Bars will be as follows: i) Panchayat and Municipality Area – 8 AM to 11 PM and ii) Corporation area – 9 am to 12 midnight. G) Restaurants in Kerala, approved by Ministry of Tourism, Government of India and Kerala Government can have bar licenses. 4. Tamil Nadu A) B) D) From 2001 onwards, bar licenses are given to only Classified Hotels. In the case of 4 & 5 star hotels that are approved in the Project stage by the Ministry of Tourism, Government of India, and at the time of commencing operations have applied for Classification, they can with the discretionary powers of the Commissioner of Prohibition & Excise, Government of Tamilnadu, receive a temporary Bar License on the explicit condition that they will obtain the classification of the hotel within 3 months of commencement of operations. Liquor is permitted to be served only in the bar and not in public places. However, temporary licence can be obtained for Banquets. Bar licenses are not given to Stand-alone Restaurants. E) License fees for getting FL 3 license (For Hotels) are given below: C) Star category Application fee Processing Fee License fee Deposit 5 Star/Deluxe Rs1000 Rs 5000 Rs 8 Lakhs Rs 1 Lakh 4 star Rs1000 Rs 5000 Rs 6 Lakhs Rs 1 Lakh 3 star Rs1000 Rs 5000 Rs 4 Lakhs Rs 1 Lakh 2 star Rs1000 Rs 5000 Rs 3 Lakhs Rs 1 Lakh 1star Rs1000 Rs 5000 Rs 2 Lakhs Rs 1 Lakh Note: For each additional Bar at the hotel, the applicable fees will be additional and the same as above. 3 star & above Hotels can have a Beer License by paying Rs 80,000/- 15 Details of Luxury Tax and VAT Applicable to Hotel Industry in Southern States (as of 1st April 2012) State Andhra Pradesh Karnataka Luxury Tax (in percentage) On Room Rate On Published tariff Up-to 600 per room Nil Rs.600& above 5% On Room Rate On actual tariff Up-to 2000per room and above Rs.1000 to 2000 12% Rs. 500/- to Rs.1000/- 4% Up-to Rs.499/- Nil 8% VAT on F & B VAT on Liquor a) VAT Exemption for Turnover up-to Rs 5 lacs Presently in abeyance b) Restaurants in 3 Star Hotels/ Stand alone Restaurants above Rs 1.50 crores Turnover - VAT 14.5% c) Restaurants in below 3 star hotels /stand alone restaurants in below Rs, 1.50 crores turnover – VAT5 % a) VAT on Non stat Hotels/Rest aurants having compoundin g facilities – 4% b) VAT on Star Hotels/Stan d alone Restaurants -12.5% 16 Kerala Tamil Nadu Puducherry On Room Rate On actual tariff Up-to 400per room Nil Rs.400 and above Nonairconditioned rooms Rs.400/- and above aircon rooms 7.5% VAT on food 13.5% General Sales tax on Liquor 10% On published tariff Star Hotels and approved Restaurants -14.5% Above Rs. 1000 12.5% Ordinary Hotels /Restaurants with compounding facility -5% VAT on serving liquor in the Bar as 2nd sale -14.5% Rs.500 to 1000 10% Rs. 200/to Rs.500/- 5% Up-to Rs.199/- Nil On Room Rate 1.5% Not applicable Food & Beverage 10% 17 Not applicable