A recent change to the Alcohol Control Act that came into effect on 8 November has triggered strong public backlash as it directly penalises consumers who drink during restricted hours – a legal turning point that has caused confusion and serious concerns across the hospitality industry.
The controversy centres on Section 32, which prohibits anyone from consuming alcohol in licensed premises or commercial venues during legally restricted hours (i.e. from midnight to 11am, and from 2pm to 5pm). Those who continue drinking during such hours could face fines of up to Bt 10,000 (US$310) under Section 37/1.
Previously, the law mainly targeted vendors, prohibiting them from selling to minors or intoxicated people. The new penalties now shift responsibility to customers – a first for Thailand – creating a stricter enforcement standard that directly regulates drinking behaviour.
This new law also means that even if a customer buys alcoholic drinks before midnight but continues drinking beyond this time, they are considered in violation and can be fined.
Certain venues however remain exempt, including licensed entertainment establishments such as pubs and bars, hotels, and international airport departure lounges. But smaller restaurants and cafes without an entertainment licence must stop all alcohol consumption at the prescribed times, leading to a sharp revenue loss from late-night diners and drinkers.
Ironically, this new law comes at a time when the country is pushing to revive tourism and extend closing hours in certain zoning areas. Industry representatives like the Thai Restaurant Business Association, and Craft Beer Trade Association argue that Section 32 directly contradicts these goals especially if they are implemented during the current tourism high season. Many representatives also call for the lifting of the midday sales ban which is considered excessive and unnecessary.
However, the amended Act allows provincial alcohol control committees to issue area-specific regulations or what we call as secondary laws. As such, prompt action is needed to issue secondary laws to ease enforcement in key tourism areas – laws relating to advertising, zoning and sales hours, otherwise this could have detrimental effect on tourism in the country.
