Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

[email protected]

ResourcesThailand Real Estate & Property LawJurisprudence"New Alcohol Law" Could Prove More Restrictive in Thailand?

"New Alcohol Law" Could Prove More Restrictive in Thailand?

Transcript of the above video: 

As the title of this video suggests, we are discussing alcohol legislation here in Thailand. There has been a move to overhaul the entertainment sector and to sort of streamline the rules and regulations associated with entertainment here in Thailand. Specifically there has also been a call for basically relaxing rules regarding alcohol here in Thailand. Specifically there's the issue that has kind of perennially come up, there's a two 2 - 5 sales ban that has always been presumed to be a retail sales ban of alcohol here in Thailand. So you walk into a 7-Eleven they can't sell alcohol between 2 and 5. Now it's my understanding that was all created under a military government and was sort of done regulatorily or under whatever the equivalent of Section 44 power was at the time that that was promulgated. And there has been talk about pushing this stuff back with the hope that things will be a little bit more liberalized. But as I have discussed in videos especially as it pertained in the expat community and immigration, Thai Immigration specifically where some expats have said, ‘hey we need to see an overhaul of the law'. It's oftentimes not always going to work to the favour of who thinks it's going to work to their favour when a new law is passed. New laws can make things more difficult sometimes not less as maybe the case here. 

I thought of making this video after reading a recent article from the Bangkok Post, that is bangkokpost.com, the article is titled: Restaurants voice concern over new alcohol law. Quoting directly, and they get into, these restaurants are saying, 'hey we were hoping you were going to lighten up, and it looks like you may not'. I urge those who are watching this video, read that article in detail but quoting directly: "Section 32 of the new law states consumption of alcoholic beverages is prohibited during the banned period in any venue where alcohol is sold, or any place or area where commercial services for alcohol and beverage consumption is allowed, even if the drinks were purchased prior to the banned period." Quoting further: "The Alcohol Control Committee may issue notifications prescribing conditions or exemptions to this provision." Quoting further: "This means customers will not be allowed to consume alcoholic drinks within venues during the restricted hours, regardless of when they purchase them." Which is kind of ridiculous on its face. 

Also, the whole reason for doing this law was to not have all this arbitrary and capricious enforcement or non-enforcement based on where you were located and all kinds of zoning and all of this nonsense, and now they are saying, "oh under this law we will allow exemptions and conditions from the Alcohol Control Committee." Isn't that just putting us right back where we were at where you have got to go and look for some arbitrary and capricious determination from them in order to have drinking on the premises? How does this streamline entertainment licensing and alcohol licensing? I mean 2 to 5 pm? So you're saying that venues that sell alcohol, bars, for example, Khao San Road from 2 to 5 pm, if this new law is passed as is, is what I'm hearing that Khao San Road would not be able to serve or allow people to drink on any of those premises from 2 to 5pm. If that's the case, what is going to be the negative impact on the entertainment sector, on the food and beverage sector in general if that is put into effect? 

Now again, the ban right now basically is enforced against retail sales. You go into 7-Eleven, you can't buy a can of beer between 2 to 5pm. Agree with it, disagree with it, it has limited focus; it's sort of narrowly tailored - to borrow a phrase from American jurisprudence - but to expand it out to all sellers and to then just say, 'oh well you can't, even if they bought it before 1.59 pm, they can't drink it on the premises'. I can't see where that is going to have any positive effect, if anything is going to have a massive negative impact on the entertainment sector generally speaking. And then meanwhile they're saying, 'oh well that's no problem. You can just go get somebody from the Alcohol Control Committee to issue you some kind of exemption to the provision.' Well doesn't that just put us right back to where we are at right now? What's the point of that? Again I thought that this was; again I'm not necessarily in favour of just oh, let’s booze up all the time, whenever, but it was my understanding that this stuff was coming in to streamline things and make it easier for these type of businesses to make money. If anything, if people cannot purchase, or imbibe, or engage in any kind of activity with alcohol from 2 to 5pm in any capacity, especially in a food and beverage restaurant capacity, I have to imagine this will have tremendous negative impacts on the entertainment business community here in the Kingdom of Thailand.