The new Alcohol Control Act officially came into force on November 8, sparking concern among business operators and the private sector over the lack of accompanying secondary legislation, which they warn could create legal uncertainty and directly affect business operations.
Prapawee Hemathas, Secretary-General of the Craft Beer Trade Association, said the most pressing issue was the missing sub-regulation on advertising and publicity, which plays a key role in modern marketing. The new law allows for publicity but not advertising, two terms that are similar in concept but vastly different in legal interpretation.
Under the old law, businesses were even prohibited from displaying product images or beer bottles on social media, creating fear among small producers. “Without clear secondary regulations, businesses will struggle to survive,” Prapawee said.
Although the law is now in effect, the industry remains anxious because key sub-regulations — including those governing advertising, sales hours, and zoning — have yet to be issued.
“It’s disappointing that the main law has been enacted, but the secondary regulations, which should have come alongside it, are still missing. We don’t even know if there will be changes to sales hours or zoning since the last announcement says to follow existing rules. The afternoon sales ban from 2 p.m. to 5 p.m. also has no official confirmation,” Prapawee explained.
As a result, many business owners feel “stuck,” wanting to comply with the law but lacking clear guidance, particularly on marketing and consumer communication. “A single misinterpretation could lead to prosecution,” she warned.
Sorathep Rojpotjanaruch, President of the Restaurant Business Entrepreneurs Association, added that government regulations should aim to support and enable people to work and trade smoothly, not to hinder businesses or harm the economy.
The new law also reiterates penalties for drinking outside permitted hours. If customers — including foreign tourists — continue drinking after the legal cutoff (2 p.m.–5 p.m. or 1 a.m.) with unfinished beverages, both the venue and the customer could face fines of up to 10,000 baht.
Australia became the first country to issue an advisory warning travellers visiting Thailand to be aware of the new restrictions, and other countries are expected to follow suit.
“This law will inevitably have a huge impact on Thailand’s tourism economy and restaurant businesses, particularly in key tourist zones across Bangkok and major provinces,” Sorathep said.