Draft Alcoholic Beverages Control Act

The primary purposes of controlling alcohol drinking are generally to reduce the negative impact of excessive alcohol consumption on public health, safety, and welfare, and to prevent the abuse and misuse of alcohol. This includes reducing the risk of health problems such as injuries violence, liver diseases, and cancer associated with excessive alcohol use, as well as addressing issues related to drunk driving and underage drinking. Additionally, alcohol control measures may be implemented to regulate the production, distribution, and sale of alcohol, and to ensure compliance with applicable laws and regulations governing alcohol use.

The Minister of Public Health has recently proposed a draft of the Alcoholic Beverage Control Act (No. ..) B.E. …. (“Draft Act”) to the Cabinet Secretariat asking the opinions of relevant agencies to be submitted to the Cabinet for its consideration.   At present, it is in the process of public hearing.

The objective of this Draft Act is to gather the provisions of the original act, subsequent amendments, and related regulations compiled in a single law that is beneficial to the public and its enforcement. The essences are as follows:

1. Determining regarding advertisement by the manufacturer of any kind of alcoholic beverage shall only be made for giving information or giving social creative knowledge in accordance with the announcement issued by the Minister of Public Health under recommendation of the Alcoholic Beverage Control Committee.
2. Determining regarding the hours for alcohol consumption in the selling alcohol area, therefore, no person will drink any alcoholic beverage in the selling alcohol area at the prohibited time announced by the Minister of Public Health according to the suggestion from the National Alcoholic Beverage Policy Committee
3. Determining the power of a competent official who has the power to enter into the premises where alcoholic beverages are sold or the places or areas where services are provided for the consumption of alcoholic beverages for commercial purposes to monitor/inspect or control as necessary.
4. Determining regarding the duty of entrepreneurs, owners, managers, or persons responsible for the operation of the premises around where alcoholic beverages are sold must publicize or notify the prohibition under Section 22 and Section 31/1 of the Draft Act and also have the duty to supervise, prohibit, or take any action to prevent the consumption during the limitation of hours of consumption of the alcoholic beverage.
5. Determining penalties for violation of Section 31/1 and Section 31/2 under Sections 39/1 and 39/2 of the Draft Act. Any person who violates Section 31/1 shall be liable to a fine no exceeding 5,000 THB under Section 39/1, and any person who violates Section 31/2 shall be liable to a fine no exceeding 30,000 THB under Section 39/2.
6. Determining penalties, under Section 27 of the Draft Act, for manufacturers or importers of any alcoholic beverage, who violate or disobey the order issued by the officer, shall be liable to a fine no exceeding 500,000 THB under Section 33 of the Draft Act.