Legal Measures on Service Establishments

Abstract

This research consists purposes were 1. to study the concepts, theories, and legal provisions related to legal measures on service establishments 2. to study and compare the legal measures on service establishments under the laws of Thailand, the Republic of Singapore, the Commonwealth of Australia, and the United States 3. to analyze the problems and obstacles arising from the application of laws related to legal measures on service establishments and 4. to propose recommendations as guidelines for revising, improving, and developing the legal framework relating to service establishments to align with the context of Thai society and to enhance the efficiency and effectiveness of law enforcement. This is a qualitative research study conducted through the review of various relevant documents, including Thai and foreign-language texts, legal provisions, legal commentaries, academic articles, research papers, Supreme Court judgments, as well as information from electronic media. The data collected from these sources are then analyzed using content analysis. The research findings reveal that 1) the concepts, theories, and legal provisions relating to legal measures on service establishments emphasize crime prevention 2) the laws of Thailand, the Republic of Singapore, the Commonwealth of Australia, and the United States all prioritize the protection of consumers or service users of entertainment venues and the maintenance of public order, with criminal penalties imposed on establishments that violate the law 3) the Entertainment Venue Act B.E. 2509 (1966) contains outdated, unclear, and ambiguous provisions that do not keep pace with current social conditions, resulting in legal gaps. Additionally, the criminal penalties are not proportionate to the offenses and their social impact. The enforcement of the law also requires the consideration of multiple statutes, making the Act ineffective and 4) it is recommended that the Entertainment Venue Act B.E. 2509 (1966) be amended, particularly regarding the definitions of service establishments, the prescribed penalties, and the duties of licensees. Furthermore, related laws should be consolidated into a single Act to enable more effective and comprehensive law enforcement.