Smoking, Drinking and Drug Use in Common Areas: What a Society Can Lawfully Do

A society can act on smoking, drinking or suspected drug use in common areas, but through process, not confrontation. Guards observe and record, the committee checks the registered bye-laws and local rules, written notices go through authorised channels, and police are contacted where necessary. Guards never confront, search, punish or act as vigilantes.

Start with the problem you can actually describe

Whichever security guard company in Mumbai your society works with, this is the approach to expect. Complaints about smoking, drinking or drug use in a podium, stairwell, terrace or parking area often arrive as rumours: "Someone is doing something near the garden at night." A committee cannot act on a rumour. It can act on a record.

The aim is to protect residents, especially children, elderly people and those sensitive to smoke or noise, while treating every person fairly. Smoking in a stairwell, a bottle left on the terrace and suspected use of an illegal substance are three different matters, and each calls for a different response. Treat them separately.

This article is a general guide for committees and does not replace legal advice. Rules differ between societies and change over time, so check your registered bye-laws, current local guidance and professional advice before acting.

What a guard company's staff do, and what they never do

Your agency should be very clear about this boundary with your committee, in writing.

Guards may:

• observe common areas as part of rounds;
• note the date, time, place and what was seen, without guessing about motives;
• inform the supervisor and the authorised committee representative;
• politely remind people of a displayed society rule, if the committee has instructed them to do so and the guard can do it calmly;
• call the local police station or the emergency number when safety is at risk or a suspected offence needs attention.

Guards do not:

• confront groups or individuals about what they are suspected of doing;
• search bags, pockets, vehicles or flats;
• confiscate items, punish anyone or threaten them with consequences;
• take photos or videos of individuals unless the committee has a lawful, approved arrangement; (seek professional advice before approving any recording arrangement)
• act as vigilantes or follow people.

Guards are not police and are not judges. Their role is to be a calm, reliable set of eyes and to pass information to the people who are authorised to act.

Smoking, drinking and suspected drug use are not the same

Smoking in common areas. This is usually a rule and consideration issue. Societies often include conduct rules in their bye-laws or house rules. Check what yours say about smoking in enclosed or shared spaces. Follow the society's registered bye-laws and obtain professional advice where requirements vary.

Drinking in common areas. Again, start with your registered bye-laws and house rules, and any approvals the society holds for gatherings. If a resident is drinking within their own flat, that is generally a private matter and outside the committee's concern unless it causes a nuisance to others.

Suspected use of illegal substances. This is a different category. It is a matter for the police, not for the committee or the guard to investigate. Do not accuse or investigate. Record what was observed and report it.

Observe and record: the foundation

A useful record is factual and neutral. Compare these two entries:

• Not useful: "Some people were doing drugs near the garden."
• Useful: "At the stated time, a guard on rounds noticed a smell near the garden bench and a group of people there. The guard informed the supervisor. No contact was made. Location, time and the guard's name are recorded."

The first is an accusation without evidence. The second describes what was seen and heard. Good entries include date, time, exact location, what was seen or smelt, who was informed and when. They do not name or describe a person as guilty of anything.

Look at patterns. Repeated records at the same place and time suggest a lighting, access or supervision issue the committee can fix, such as an unlit corner or an unlocked terrace door.

Fix the environment as well as the behaviour

Behaviour in common areas often follows opportunity. A dark podium corner, an unlocked terrace door or a bench hidden behind a hedge invites activity that a well-lit, visible space does not. Before assuming a problem with people, ask whether the place itself can be improved.

Simple steps include better lighting, clearer sightlines, locking or controlling access to terraces at set hours, and asking guards to include these spots in their rounds at varying times. These steps affect everyone equally and need no accusation. They also give residents who raised the concern a visible result.

Check your rules before you act

Before issuing any notice, the committee should confirm:

• what the registered bye-laws and house rules actually say about conduct in common areas;
• who in the committee has authority to issue notices and in what form;
• whether the rule applies equally to all residents and visitors;
• whether a general notice is better than a notice to a specific resident.

Acting beyond your rules, or enforcing them selectively, weakens the committee's position and damages trust. If in doubt, take advice from a legal professional or the society's registered authority.

Non-accusatory written notices

A general notice is often the best first step. It addresses the whole society, not a particular person, and states the rule and the reason. For example:

Dear residents, the committee requests that smoking and consumption of alcohol are not carried out in common areas of [Society name], in line with [rule reference to be confirmed from our registered bye-laws]. These areas are used by families, children and senior residents. Please inform the committee if you have a concern. Thank you for your cooperation.

Keep the tone respectful. Put the notice on the board and share it through the society's usual authorised channels. Do not publish photos or names of individuals.

If a specific resident or family seems to be involved, the committee, not the guard, can speak with them privately and in writing, following the society's process and giving them a chance to respond.

When to involve the police

Contact the local police station or the emergency number when:

• there is a threat to anyone's safety;
• someone appears to be seriously unwell or unconscious;
• there is violence or serious disorder;
• you have repeated, recorded observations of suspected illegal activity.

The committee should decide in advance who is authorised to speak to the police, and share the incident log when asked. Guards should not attempt to handle these situations themselves. For the wider approach to recording and reporting, read our guide to security risks in Mumbai apartments, and the duties of guards in housing societies.

Step-by-step committee checklist

1. Ask the guard supervisor to log concerns as factual observations, not accusations.
2. Review the incident log monthly for patterns in time and place.
3. Check your registered bye-laws and house rules for conduct in common areas.
4. Decide who in the committee is authorised to issue notices and speak with residents.
5. Issue a general, non-accusatory written notice through authorised channels.
6. Fix environmental causes: lighting, locked access, visibility of the area.
7. Give guards written instructions: observe, record, report, never confront or search.
8. Take legal advice if a specific provision or a specific resident is involved.
9. Contact the police when safety is at risk or suspected illegal activity is recorded.
10. Review results after a few weeks and update the notice or process if needed.

Our housing society security service works on this basis: guards follow written post orders and report through the supervisor to the committee.

Frequently asked questions

Can a security guard stop residents from smoking or drinking in the society?

A guard can politely remind people of a displayed society rule if the committee has instructed this and the guard can do so calmly. Guards cannot confront, search, punish or force anyone. Enforcement is for the committee, through its own process.

What should a guard do if they suspect drug use?

Observe from a safe distance, note the time and place, inform the supervisor and the authorised committee representative, and contact the police if safety is at risk. The guard should not approach, accuse or search anyone.

Can the committee take photos of people to prove a complaint?

This depends on your society's approved arrangements and applicable law, so take professional advice first. A written, factual log of observations is generally a safer starting point than photos of individuals.

Is a general notice better than naming a resident?

Usually yes, as a first step. A general notice addresses the issue without accusing anyone. If a specific person is involved, the committee should follow its own process in writing and give them a fair chance to respond.

Last updated: 5 October 2026. Reviewed by Ashwani Gupta, founder, NTR Security Services.

If your society wants clear written post orders that keep guards within these limits, we can discuss this on a site visit. Request a free site survey and written quote.