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Laws of Alcohol in Thailand to be a divisive issue post elections

The Thai Alcohol Business Association (TAB), or TABA, declared on Friday, June 9, 2023, that it is in favor of changing the nation’s current alcohol control laws in order to benefit brewers, distillers, visitors, and consumers. The Thai Ministry of Public Health has, however, put up a number of new, contentious policies that some fear would adversely hurt the travel and hospitality sectors.

The ideas’ proponents assert that they will reduce alcohol-related issues and drunk driving. The association’s president, Ms. Khemika Ratanakul, stated that some provisions of the Alcoholic Beverage Control Act should be modified to better reflect the current social and economic environment. In particular, she cited the ban on alcohol sales between the hours of 2 and 5 PM as well as limitations on advertising, mentioning, and displaying alcohol on social media.

The 2 PM to 5 PM alcohol sales prohibition has been in effect for about 50 years, yet the precise cause is now unknown due to many justifications and urban legends frequently advanced by Thai officials and citizens. In tourist areas, the law notably contributes to confusion and dissatisfaction.

Regarding general advertising prohibitions, these have frequently resulted in issues over the years, raising concerns over whether it was unlawful for someone to merely post on their personal social media that they were having a drink with pals.

Ms. Khemika identified three crucial sections of the law that, in her opinion, need immediate modification. These issues include the need to address the authorities’ discretionary powers when interpreting the law, the need to address time limits on alcohol sales, particularly in tourist areas, and the need to reevaluate the hefty fines levied against people who disobey applicable law enforcement’s directives.

In questioning the assurance of objectivity and fairness in their decision-making, she brought up the problem of the disproportionate authority given to authorities in interpreting the law. Additionally, she asserted that law enforcement frequently used the ambiguous Thai alcohol regulations as a means of obtaining bribes and fostering corruption, particularly from bars and nightclubs.

“Some regulations are like loopholes that harm the country’s tourism industry while also allowing for bribes and corruption,” she claimed. “There is no room for ambiguity in the country’s regulations; they must be clear and concise.”

The organisation stated that it was also opposed to the new Alcohol Control Act that the current Ministry of Public Health had proposed, claiming that it was very strict and would harm Thai consumers as well as business owners, particularly those who own bars and restaurants.

According to The Pattaya News, the main impact of these plans would be to make it illegal to drink at restaurants and pubs after midnight. Therefore, regardless of the venue’s legal closing times or whether alcohol service ended at midnight, consuming alcohol there could result in fines and inspections by the appropriate authorities and officials.

Hospitality and tourism organizations, still reeling from Covid-19, who have been campaigning for a year to prolong legal closing times and alcohol consumption hours in entertainment zones, have vehemently denounced the plan. Even in popular tourist destinations like Pattaya and Phuket, anti-alcohol organizations have consistently opposed any modifications to the law, arguing that they will lead to an increase in drunk driving.

The contemporary context of both livelihoods and vocations must be taken into account when designing alcohol control strategies. “The regulations must promote fair competition and foster responsible drinking behavior through collaboration to find efficient solutions from various sectors,” Khemika added.

The progressive liquor law proposed by the Move Forward Party has the backing of the Thai Alcohol Business Association because, in their opinion, it will result in more equitable regulations for the manufacturing of alcohol, provide consumers more freedom, and lessen corruption.

The Move Forward Party also supports extending the legal closing hours for bars and restaurants, lifting the long-criticized 2-5 PM alcohol sales prohibition, and granting nightlife businesses’ requests to make regions like Pattaya a 24-hour entertainment zone.

Move Forward has also recommended lifting alcohol restrictions on religious holidays, arguing that doing so violates the constitutional right to freedom of religion and harms owners of hotels and other hospitality-related businesses.

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