The amended alcohol control legislation that imposes fines on individuals who continue drinking alcoholic beverages during restricted hours — particularly between 2pm and 5pm — has left the government in hot water.
Under Section 32 of the amended law, which took effect this week, those who make their last order at 1.55pm are required to empty their glasses within five minutes or less. If not, they face a maximum fine of 10,000 baht. It is the first time the law has begun targeting individuals, including tourists — previously, it punished only shop or restaurant owners who sold alcohol during prohibited hours — and the details of the law go into such minuscule detail that it borders on the nonsensical.
Opposing the law is the Thai Restaurant Association, which is concerned about the adverse impact on businesses already experiencing hardship due to the economic slowdown.
Taopiphop Limjittrakorn, an MP from the opposition People’s Party — which advocates easing alcohol control — has warned that the amended rule is likely to confuse foreign tourists, particularly if they order drinks before the restricted hours but do not finish by the 2pm lunchtime deadline.
As the amendment also involves advertising rules, several agencies have said the provisions remain confusing and difficult to explain with the short scope offered by a print or television advert.
With regard to punishment against slow drinkers, critics argue that the penalty is not proportionate. Needless to say, the 10,000-baht fine is too harsh. A senior health officer, in a bid to calm public concern, ominously stated that the fine is not entirely fixed, but down to the individual discretion of local law enforcement officers.
This does not bode at all well in a country known for its high corruption rates.
The immediate question is how the new law will be properly enforced. Will there be ethics police doing the rounds, checking every glass? More importantly, some netizens have voiced concerns that, as mentioned above, the law could provide an opportunity for authorities to line their pockets by demanding kickbacks.
The original legislation, based on a 1972 junta order, has never enjoyed strong public support. Often referred to as anachronistic and inconsequential, the law bans alcohol sales between 2pm and 5pm and again from midnight until 11am the following morning for most retail outlets, supermarkets and food shops.
A round-the-clock ban applies on major religious days such as Makha Bucha, Visakha Bucha, Lent and the end of Lent. Exempted from the rule are airports serving international flights, licensed entertainment venues, hotels and some tourist outlets — as well as wholesale traders purchasing in bulk.
Strict alcohol control advocates, including the Centre for Alcohol Studies (CAS), often cite drink-driving fatalities to support the ban and other tough measures. However, if they were willing to reconsider, they might recognise that such blanket restrictions do little to make Thailand’s roads safer, as traffic-related deaths remain high. It is reported that this year’s accumulated fatalities have surpassed 10,200 — almost the same as last year.
Indeed, what is needed is efficient enforcement of traffic laws, including robust action against reckless and drink-driving behaviour. Social drinkers who do not drive should not be subjected to impractical measures that serve only as a nuisance.