Hughes Krupica: Having a big night out? Know the rules!

Knowing my business and professional background, several friends and family members from abroad have asked me in the past if there are any laws in respect of drinking in Thailand, and whether they are enforced. I usually get asked this question from someone on a first trip to Thailand, mostly out of curiosity and interest after observing what appears to be the rather lax and carefree ‘party-centric’ approach that some tourists take in Thailand’s highly touristed resort markets.

Naturally, the answer I usually give is – of course there are laws and regulations about alcohol and drinking in Thailand, just like there are in your home countries! And yes, the rules are definitely enforced, even if at times enforcement seems to be lacking.

To sum it up simply, alcohol sales, distribution and prohibited uses are now largely regulated by a law enacted in 2008 known as the Alcoholic Beverage Control Act, B.E. 2551 and its related ministerial regulations. The act defines what constitutes an ‘alcoholic beverage’, the selling, advertising and marketing of alcoholic beverages, and more. It also largely details who can sell alcoholic beverages, where they can be consumed, at what times, and the penalties for violations.

So, what are the important rules visitors to Thailand should be aware of – simply stated, without needing a few drinks to overcome the boredom that comes from reading details about the law? Here are some practical answers to the most common questions we have come across (even if some seem to have obvious answers):

I am a 19 year old Canadian national and going to Samui for a trip with my friends. Will the local bars and pub be permitted to sell alcohol to me?

Not legally. Under section 29(1) of the Alcoholic Beverage Control Act, sellers of alcoholic beverages may only sell to persons aged 20 and above. However, there is no specific stipulation in the Act requiring sellers to check purchaser identification for age verification. The penalty for violating the above section is a fine of up to 20,000 Thai baht, or a term of not more than one year in prison.

Last weekend at a popular beach club in Phuket, I saw a bartender selling multiple bourbon shots to someone who was clearly drunk and disorderly. Are there any rules prohibiting the sale of alcohol to drunken persons?

Yes, potentially, if it was clear to the bartender that the person buying the drinks was ‘unconscious’ from drinking, or lacked the capacity to understand the circumstances due to being drunk. Section 29(2) of the Alcoholic Beverage Control Act sates that no person can sell an alcoholic beverage to a person who has lost consciousness due to being drunk.
The penalty for violating the above section is a fine of up to 20,000 Thai baht, or a term of not more than one year in prison.

I was on my first trip to Bangkok and noticed a number of signs at various temples and public parks I visited that alcohol was not permitted. Is there a law prohibiting alcohol at these locations?

Yes, definitely. Section 31 of the Alcoholic Beverage Control Act prohibits the consumption of alcohol at temples, places of worship, public parks, public educational institutions and a number of other public locations and public health facilities. The penalty for violating the above section is a fine of up to 10,000 Thai baht, or a term of not more than six months in prison.

My friends and I are from Australia and on our last trip to Phuket, a 7-11 vendor refused to sell us a case of beer at 3pm. Why wouldn’t the vendor sell to us?

Currently, regulations of the government and the Alcoholic Beverage Control Committee interpreting Section 28 of the Alcoholic Beverages Control Act permit the selling of alcoholic beverages by vendors between the hours of 11am to 2pm and 5pm to midnight only. There are limited exceptions to this rule for international airports, and certain legally registered entertainment venues in certain locations.

The penalty for a vendor violating the above regulation is a fine of up to 10,000 Thai baht, or a term of not more than six months in prison.

I am an ex-pat living in Bangkok and have never seen beer or any other alcohol sold in a vending machine in Thailand. Is this illegal?

Yes. Section 30(1) of the Alcoholic Beverage Control Act prohibits selling alcoholic beverages by automatic vending machines in Thailand.