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As season arrives, battle brews over beer gardens

As season arrives, battle brews over beer gardens

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.

As season arrives, battle brews over beer gardens

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.
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