As season arrives, battle brews over beer gardens in Thailand

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RULE OF LAW
As season arrives, battle brews over beer gardens
Kwanchai Rungfapaisarn,
Poungchompoo Prasert,
Nopporn Tathan
The Nation

BANGKOK: -- Regulators and beer companies are again at odds over interpreting the law governing sales of alcoholic beverages at beer gardens, many of which are about to sprout up in Bangkok and other big cities in the coming days as the winter season kicks in.

Chutchai Wiratyosin, executive vice president of Boonrawd Brewery, the producer of Singha and Leo Beer, said an interpretation by Dr Samarn Futrakul at the Public Health Ministry's Office of Alcoholic Drinks Control Committee was not realistic.

"What we have done so far about our beer-garden activities is consistent with the law, which prohibits any activity that promotes beer consumption or reveals product quality," he said yesterday.

According to Chatchai, all 'beer girls' at Singha and Leo beer gardens are waitresses wearing the brands' uniform and logos but they are not allowed by law to promote sales, so what they are doing - serving customers - is legal.

In his opinion, an unrealistic and unfair interpretation by health authorities could lead to the loss of jobs for a large number of beer girls, as several thousand could be employed during the beer-garden season - with Singha Corp alone hiring more than 3,000.

Moreover, he argued that entertainment shows or live concerts to be hosted at beer parks were also legal.

"We need a more neutral body, such as the Council of State, to interpret these activities. It should be made clear what can be done, and what cannot be done," he suggested.

According to Samarn, who is director of the Disease Control Department's Office of Alcoholic Drinks Control Committee, some 40 beer gardens have been subjected to legal action since the Alcoholic Beverage Control Act of 2008 came into effect.

He has warned that beer gardens, which are often operated from November to January, should strictly observe the law or they would face legal action, especially with regard to beer venues hosting marketing activities.

Samarn explained that sales of alcohol drinks must be authorised by the Excise Department and be carried out within a legal time period, while activities at beer gardens must not be for advertising purposes. The use of celebrities or 'beer-promoting waitresses' could be an individual media to promote sales volume, while many places have on-stage games to provide discounts and free handouts, which could be violations of Article 32 of the Act, he said.

However, he added that the showing of a beer logo or brand could be allowed, provided there was also a warning message attached beneath.

Public Health Minister Dr Piyasakol Sakolsatayadorn earlier said beer gardens were fine, provided organisers did not host marketing activities, which would be a violation of Article 32.

As for beer-promoting waitresses wearing shirts with alcoholic-beverage logos, he suggested that related parties look up Article 32 and discuss the matter, so that all concerned were on the same page.

Piyasakol said he had also instructed the Office of Alcoholic Drinks Control Committee to act legally and avoid creating enemies.

"We should make people feel like we are all in the same boat, aiming for a better society. Anyone who doesn't know the law should be informed, so they can join the efforts to make everything better," he added.

Jamnong Sriyoya, manager of Siam Thanapat - a retail distributor of Singha beer in Phayao province - said beer sales had been in a slump for nearly four years since the prohibition of alcohol at parties in state offices, and other anti-alcohol campaigns.

The current issue with beer gardens would be a second blow to both business operators and workers, he said.

Meanwhile, Prof Surapongse Sotanasathien, a lecturer at Thammasat University's Faculty of Journalism and Mass Communication, commented that the issue of alcoholic drinks did not lie with the products themselves, but with those drinkers who consumed too much alcohol to the point of losing their senses, leading to harm.

Source: http://www.nationmultimedia.com/national/As-season-arrives-battle-brews-over-beer-gardens-30272376.html


-- The Nation 2015-11-06

[thaiduncankk]

Absolutely pathetic.

The problems Thailand has and they cause a massive fuss over beer gardens.

I ain't gonna wear that Singha T shirt that was given to me.

[NongKhaiKid]

I hesitate to ask but is there a definition of beer garden available as many bars etc have outside seating areas of various sizes and styles.

If there is a supposed definition is it as flexible as the new law of selling alcohol ' near ' a school or uni ?

Edited November 5, 2015 by NongKhaiKid

[BuckBee]

They quite literally could not organise a pi555 up in a brewery ...

[Rocceao]

Beer gardens are illegal ?

So is prostitution, no one seems to be making a fuss about that!

[BuckBee]

Lot of real big boy mafia & money in the prostitution so hookers making a show of a beer bottle gets overlooked :-/ what a slum ...

[roo860]

Save the Beer Gardens, lobby your local MP!!!!

[waldroj]

If Article 32 is causing the problem, then just use Article 44 instead!

This would also allow for Samarn to have his attitude adjusted as well - a win/win for all.

Then focus on the serious problems facing Thailand.

[BigBadGeordie]

"Beer sales had been in a slump for nearly four years since the prohibition of alcohol at parties in state offices"

In other words, if we can't have any, nobody is getting any!

[AlQaholic]

I hesitate to ask but is there a definition of beer garden available as many bars etc have outside seating areas of various sizes and styles.

If there is a supposed definition is it as flexible as the new law of selling alcohol ' near ' a school or uni ?

Everything in Thailand is very flexible, including the justice system.

[springheeled jack]

they have got to get it right about beer gardens in fact any establishment that sells beer it is important they must realise that many people come to Thailand to enjoy themselves during the festive season .

[stephenterry]

Why are they quoting the law? Another moral high-ground stand that won't boost tourism - quite the reverse. Focus on corruption and human trafficking and victimisation of migrant workers. Beer gardens is small beer.

[fred Kubasa]

Inasmuch as alcohol is blamed for 30-35 % of all road accidents, at least

28.5 % of spousal abuse & 12 - 15 % assorted crimes, Thailand should just

ban it all and put up " CLOSED " signs at all borders directing people to

Cambodia and Laos !

[TheKnave]

Purachai on steroids.

Let's just get down to it - fun is hereby outlawed.

"...the fear that somewhere, someone is having fun."