Bengaluru is one of India’s premier destinations for music. It is home to musicians including Lucky Ali, Grammy winner Ricky Kej and Raghu Dixit. The city also boasts of an active local music scene, in venues such as The Humming Tree and Bflat. Often referred to as the music capital of the country, Bengaluru is also the first stop for international bands.
However, after the Supreme Court upheld a 13-year-old law in January this year, many venues have been shut down. There has been a widespread cancellation of gigs. Recently, a meeting was organised by bars and restaurant owners and musicians to clear the ambiguity over the law. We talk to musicians, lawyers and venue owners to get a sense of the issue and how it can be resolved.
The law
“The shutdown is a result of the Licensing and Controlling of Places of Public Entertainment (Bangalore City) Order, 2005 that was bought out to regulate dance bars and cabarets,” says lawyer Sandhya Surendran. “However, in essence, it seems to include all places of public entertainment, playing recorded or live music. The law mandates that any such outlet must seek multiple licenses to operate, failing which they face closure.”
Sandhya contends, “The intent behind the law is right. The execution has been problematic. By targeting live bands, they’ve also opened an umbrella that includes people who play music. Even a Starbucks can come under the ambit of this ruling. Getting the license is also a hassle for the venues since multiple documents are required, including an Occupancy Certificate (OC) or mandating parking space. This is something that the builder needs to provide and the owner needs to procure. It is not the responsibility of the tenant. There are judgements that substantiate the fact that it is not the tenant’s responsibility to procure the OC. The process to get this license transfers the onus on to them, which is unfair. There needs to be a give and take to sort this problem out. Since it is a state government directive, they can clarify and sort this out.”
The impact
Sunil Shetty, the owner of Bflat says, “We have had to shut down Bflat because of this ruling. I feel it is unfair and extremely tough on smaller bands and performers. Instead of issuing a blanket ban, the government should penalise the establishments that blast music above the limit and do not follow the law of the land. We do not want to inconvenience our neighbours. However, all establishments should not be penalised for someone else breaking the law.”
The loss of livelihoods of a multitude of people engaged in the hospitality industry is what bothers DJ and events coordinator Rumit Virani. He points out, “Ever since the law has been put into place, gigs have dried up in Bengaluru. It is a sad situation. It is not only the venues that are impacted, a lot of upcoming musicians lose out on a chance to hone their skills in a live show. Bigger bands can perform in venues outside the city, but that is not viable for bands starting out. It is also arbitrary to target musicians and live music while other forms of entertainment are allowed.”
Rumit adds, “Moreover, this also impacts the livelihood of others in the industry, from the technicians and sound engineers managing the show to the wait staff. A city that is aspiring to be global and welcome everyone should not have an arbitrary law that disallows a viable entertainment option.”
These views are echoed by DJ and performer Ketan Bahirat. “It is a sad situation. It will damage the image of the city as the music capital. It is important that avenues for entertainment flourish in the city. The relative lack of arbitrary laws is what ensures that Delhi and Mumbai are favoured by musicians. As far as the complaints of residents go, I am sure that it can be sorted out with discussions. I hope it is done soon and we can go back to functioning normally and the city remains friendly to live music.”