Proposed Amendment to Thailand’s Alcoholic Beverage Control Act
Proposed Amendment to Thailand’s Alcoholic Beverage Control Act

Proposed Amendment to Thailand’s Alcoholic Beverage Control Act

The Thai Ministry of Public Health (MOPH) has proposed amendments to the Alcoholic Beverage Control Act B.E. 2551 (2008) (“Draft Amendment”). The key proposed amendments include the following:
  1. Restriction on alcohol consumption time 
  • Proposed restriction on alcohol consumption in entertainment premises, restaurants, and places selling alcoholic beverages for a specified time period. Such a restricted time period is to be issued in a forthcoming regulation. However, the allowed time of consumption may align with the current allowed time for selling alcoholic beverages, i.e., between 11:00-14:00 and 17:00-24:00.
  • Violators may face fines of up to 5,000 Baht.
  1. Increased duties for businesses
  • Businesses selling alcoholic beverages would be required to take measures to prevent alcohol consumption during the above-mentioned restricted time period in their place of business and surrounding area.
  • Non-compliant businesses may face fines of up to 30,000 Baht.
  1. Increased authority of competent officials:
  • Granted competent officials of the MOPH the power to enter into the place of business without requiring a warrant or police collaboration when suspecting violations of advertising or prohibited alcohol consumption.
  1. Advertisement restrictions:
  • Removed the exemption currently provided for advertisements of alcoholic beverages that originated from outside of Thailand, e.g., live-streamed soccer league competitions or performances.
  • Proposed prohibition of advertising of any other product that uses alcoholic beverage names, marks, symbols, or modified elements where it could be understood as an alcoholic beverage advertisement.
  • Proposed penalty for those sponsoring or supporting the brand-building or advertising of alcoholic beverages.
  • Violations may result in penalties of imprisonment for up to 1 year and/or fines of up to 500,000 Baht, with higher penalties for manufacturers and importers of up to 1,000,000 Baht.
The proposed Draft Amendments may considerably impact consumers and businesses, with restrictions on alcohol consumption, increased duties, and higher liabilities. The Draft Amendment is currently in the early stages of the extensive legislative process and is subject to potential revisions. LEXEL will closely monitor the Draft Amendment and periodically provide developments. Subscribe to the LEXEL IP Newsletter here to be the first to receive updates and developments. Please contact us if you have any questions. Authors: Praewpan Hinchiranan (Am) / Dharin Nantananate / Thanachon Sinthurangkul
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