Backlash over Thailand’s new alcohol law: $400 fine for drinking after midnight

BANGKOK – A major shift has taken place in Thailand’s food and beverage industry following a change to the Alcohol Control Act that came into effect on Nov 8.

The law seeks to modernise the original 2008 Act to reflect digital-era sales practices while balancing social control with economic growth.

However, the change has triggered strong public backlash, as it now directly penalises consumers who drink during restricted hours – a legal turning point that has caused confusion and anger across the hospitality industry.

The controversy centres on Section 32, which prohibits anyone from consuming alcohol at licensed premises or commercial venues during legally restricted hours. Those who continue drinking during such hours face fines of up to 10,000 baht (S$400) under Section 37/1.

Previously, the law mainly targeted vendors, prohibiting them from selling to minors or intoxicated people. The new penalties shift responsibility to customers – a first for Thailand – creating a stricter enforcement standard that directly regulates drinking behaviour.

Under current regulations, alcohol consumption is prohibited from midnight to 11am, and from 2pm to 5pm.

This means that even if a customer buys drinks before midnight but continues drinking beyond it, they are considered in violation and can be fined.

Certain venues 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.

The new law comes just as the government is pushing policies to revive tourism and extend closing hours in certain zoning areas. Industry representatives argue that Section 32 directly contradicts these goals.

Mr Sorathep Rojpotjanaruch, chairman of the Thai Restaurant Business Association, criticised the move.

“It’s unclear what purpose this law serves,” he said. “Those who signed it may not realise how much damage it will cause to the tourism and service economy.”

Uneven impact and frustration for businesses

Smaller F&B operators say the law creates legal inequality, giving large entertainment venues an advantage. The midday ban also adds operational complexity, forcing restaurants to introduce “last order” policies, while the late ban means tables have to be cleared before midnight.

Dr Nipon Chinanonwait, who served on a committee under the Ministry of Public Health, said the ban is not new but merely codifies existing restrictions.

However, critics note that the 10,000 baht consumer fine represents a new level of enforcement, as the authorities previously targeted sellers rather than drinkers.

The law’s enforcement has hit businesses hard during Thailand’s high tourism season.

The private sector warns that the rule could undermine tourism competitiveness, particularly in nightlife areas and among European visitors who drink from afternoon into late night.

Mr Prapawee Hemathas, secretary-general of the Craft Beer Trade Association, said operators are “in limbo” – they want to comply but lack clear guidelines while waiting for secondary legislation.

Australia has reportedly issued a travel advisory warning its citizens about Thailand’s 10,000 baht fine for post-midnight drinking.

Mr Sanga Ruangwattanakul, president of the Khaosan Business Association, added that the unclear rules threaten to discourage visitors during the tourism high season.

Calls for government review

Nightlife and restaurant groups are preparing to petition Prime Minister Anutin Charnvirakul for clarification and revision of the law.

Key demands include lifting the midday sales ban, which Mr Chanin Rungtanakiat, deputy secretary-general of the Pheu Thai Party, described as “unnecessary and outdated”.

While the amended Act allows provincial alcohol control committees to issue area-specific regulations, businesses say this mechanism is useless until secondary laws are finalised.

The new change in the Alcohol Control Act marks the first time drinkers themselves face penalties, sparking tension between public health control and economic recovery.

Without prompt clarification through secondary laws – particularly regarding advertising, zoning and modernised sales hours – Thailand’s tourism recovery may stumble under outdated rules.

Experts suggest that the government should accelerate the issuance of secondary legislation and delegate authority to provincial committees to ease enforcement in key tourism areas.

This, they argue, would ensure fair regulation without stifling Thailand’s nightlife economy. THE NATION/ASIA NEWS NETWORK