The Establishment of the Legal Measures to Alcoholic Beverage Control.

Abstract

This research consists purposes 1. to study concepts and laws pertaining to the control of alcoholic drinks, 2. to explore laws related to control of alcoholic drinks in Thailand and foreign countries, 3. to examine problems and analyze issues of legal measures for controlling the alcoholic drinks and 4. to recommend a guideline for improving the Alcoholic Beverage Control Act B.E. 2551 (2008). This study is qualitative research conducted by examining documents for further content analysis. The findings revealed that 1) the presently enforced law for controlling alcoholic drinks is the Alcoholic Beverage Control Act B.E. 2551 (2008). 2) The foreign laws in Commonwealth of Australia and the United States of America prohibit sale of alcoholic beverages in important festivals such as Good Friday, Christmas, and New Year’s Eve etc. The advertisement control in the Commonwealth of Australia is subject to the principles of alcoholic beverage advertisement control that minors with age below 18 years shall not be motivated or solicited to consume. Furthermore, there is a standard committee inspecting the advertisement. Meanwhile, the Republic of France bans an advertisement or public relation media regarding alcoholic drinks directly or indirectly, and the United Kingdom controls the radio and television broadcasting and publications with an important principle that they are not targeted for people with age below 15 years, and any messages that motivate drinking shall not be demonstrated. 3) A measure on date and time when alcoholic beverage sale is prohibited is enforced in accordance with the conditions and impacts from alcoholic beverage drinking on actual date and time. The legal provisions on advertisement are unclear and can be interpreted differently. In addition, the punishment for manufacturers who do the advertisement is weak, and authorities of the officers do not include gathering of other relevant evidence. and 4) The researcher has some recommendations in relation with amendment of the Alcoholic Beverage Control Act B.E. 2551 (2008) for date and time of alcoholic beverage sale ban in Thailand’s Important festivals, and amendment of exceptions regarding date and time of sale ban for shops that purchase alcoholic beverages for resale. Moreover, speaking of advertisement, Section 32 should be revoked, and definitions should be more specific. Additionally, indirect alcoholic beverage advertisements should be prohibited, and there should be a central sector responsible for examination or permission of the advertisement. Plus, punishment for manufacturers who do the advertisement should be escalated, and officer’s authorities in term of gathering evidence or other objects related to an offence committing should be clearly determined.