I Want to Boost Restaurant Sales by Offering Alcoholic Beverages; How to I Apply for A Permit?

For any restaurant that would like to sell alcoholic beverages,
the first thing to understand or learn about is relevant laws,
because not every restaurant can sell alcoholic beverages.

If you make a mistake, in addition to potentially having to shut down your business, you might be subject to fines or legal cases costing you both time and investment money, since claiming ignorance of these laws simply won’t work. Read on to find out whether your restaurant can sell alcoholic beverages or not, and, if it can, how you can do it right.

One law you definitely need to study is the Alcoholic Beverage Control Act, B.E. 2551 (A.D. 2008), because it is the primary law prescribing prohibitions, penalties and related measures. An agency established by virtue of the Alcoholic Beverage Control Act, B.E. 2551 (2008), with responsibility in issuing rules, prohibitions and permissions related to the sale of alcoholic beverages is the National Alcoholic Beverage Policy Committee.  And another agency, the Alcohol Control Committee, plays a key role relating to alcoholic beverage control policy. These two agencies are the main agencies established by virtue of the Alcoholic Beverage Control Act.

Learn the names of these two agencies. Later on when you hear or receive news from the media about meetings of either of these two agencies, pay attention to reading or listening about it thoroughly, because they might directly affect alcohol sales at your restaurant.

If you want to sell alcoholic beverages at your restaurant, the first thing you need to know is whether or not your restaurant is located in a prohibited area!

 

Sections 27 and 31 of the Alcoholic Beverage Control Act, B.E. 2551 (2008), states that alcoholic beverages cannot be sold or consumed in the following venues or areas:

(1) Temples or places for holding religious ceremonies, unless the consumption is part of a religious ceremony.

(2) Government public health service facilities, medical facilities pursuant to laws governing medical facilities, and pharmacies pursuant to laws governing medicines, unless such consumption takes place in a private accommodation area.

(3) Government facilities, except for sales in areas designated for stores or clubs; consumption is permissible in areas for personal accommodations or clubs, or during parties as customary.

 

(4) Educational facilities pursuant to the laws governing national education, unless the consumption takes place in a private accommodation area or a club or during a party as customary, or the educational facility is an educational facility that teaches how to mix alcoholic beverages as authorized by laws governing national education.

(5) Gas stations pursuant to laws governing control of fuels, or stores located inside gas stations.

(6) Public parks arranged by the government for the general rest and relaxation of the public.

(7) Sales in dormitory facilities or areas are strictly prohibited pursuant to the laws governing dormitories.

(8) Other locations designated by the Minister by announcements as approved by the Committee.

There are probably no problems with prohibited areas, since no one is likely to go and open up this type of restaurant in a prohibited area. However, many people are not certain about this: what if the restaurant is located near a prohibited area? What’s the radius required for you to be able to sell? Particularly for educational facilities, the safe radius is 300 meters around the location for which the prohibition law applies.

What if your restaurant is not commercially licensed?
If you’ve checked and found that your restaurant is within a safe distance, the next thing you need to do is apply for commercial registration at the restaurant’s district office to register in the category for restaurants selling foods and beverages if your restaurant is not commercially licensed. If the restaurant is already registered as a juristic person, then this step can be skipped. Commercial licensing is necessary because selling alcoholic beverages is a type of commercial business ordinary people cannot operate. After your commercial registration, the next thing you need to do is apply for a permit to sell alcoholic beverages properly in line with the law. Agencies responsible for supervising and issuing permits include the Excise Department for areas in Bangkok and provincial excise offices for provincial areas. Otherwise, permit applications can be filed through the Excise Department’s online website.

Documents to Accompany a Liquor Sales Permit Application
✔️ Sales of alcoholic beverage permit application form, Sor. Yor. Por. 1 Form. Download the form: http://bit.ly/2VupV7p

✔️      A copy of the house registration and a copy of the personal identification card of the applicant.

✔️Letter of consent from the facility owner who grants consent for using the facility for selling alcoholic beverages, accompanied by a copy of the house registration and a copy of the personal identification card of the facility owner.

✔️ If the facility is rented, attach the rent contract and a copy of the house registration of the rented facility.

✔️ A map showing the location of the food and alcoholic beverage restaurant, so officials can check zoning.

✔️ A power of attorney letter accompanied by a copy of the personal identification card of the power of attorney holder.

Once you have filed an application, officials will require some time to consider the documents and check your zoning. If everything is in order and compliant with regulations, they will issue a 1-year permit the entrepreneur will have to renew from year-to-year.

 

Let’s take a look at some of the penalties for violators who fail to comply with the Alcoholic Beverage Control Act, B.E. 2551 (2008), and the Liquor Act, B.E. 2493 (1950), and see what happens when someone sells alcohol without a permit or sells it differently from what the law permits. The following are just some of the most important:

Selling, trading or giving alcohol or cigarettes to minors under 18 years of age, unless for a medical procedure:
– Imprisonment for no more than 3 months or a fine of no more than 30,000 baht pursuant to the Child Protection Act, B.E. 2003, Section 26 (10), Ministry of Social Development and Human Security.

– Permit revocation pursuant to Ministry of Finance Regulation of B.E. 2548 (A.D. 2005), Excise Department.

Selling liquor outside specified hours (sell only from 11:00 a.m. – 2:00 p.m. and 5:00 p.m. – 0:00 a.m.):
– 50-baht fine.

– Suspension or revocation of liquor sales permit for five years pursuant to the Liquor Act, B.E. 2493 (1950), in Sections 20 and 46, Excise Department.

– Imprisonment for no more than 2 years or a fine not exceeding 4,000 baht, Announcement of the Revolutionary Council No. 253, B.E. 2515 (1972), Royal Thai Police.

Selling liquor in places connected or adjacent to the following places:
– Educational facilities.

– Religious facilities (temples).

– Gas stations.

– Permit revocation.

– When there is no permit, a fine in the category of the liquor sold pursuant to Ministry of Finance Regulation, B.E. 2548 (A.D. 2005), Excise Department.

Failure to display liquor sales permits in the open where the liquor is sold:
– 2,000 baht fine pursuant to Ministry of Finance Regulation, B.E. 2548 (2005), Excise Department.

Modifying liquor (such as by mixing herbal liquor or other ingredients):
– 2,000 baht fine for wholesalers.

– 500 baht fine for retailers pursuant to the Liquor Act, B.E. 2493 (1950), in Sections 22, 23, 36 and 38, Excise Department.

Storing liquor in a different place from the location granted by the permit:
– 500 baht fine (wholesaler only) pursuant to the Liquor Act, B.E. 2493 (1950), Sections 21 and 38, Excise Department.

Selling liquor differently from the category allowed by the permit:
– 200 baht fine pursuant to the Liquor Act, B.E. 2493 (1950), Section 40 bis, Excise Department.

Selling or displaying liquor for sale without a liquor sales permit: – 500 baht fine for any type of Thai liquor.
– 2,000 baht fine for any international liquor pursuant to the Liquor Act, B.E. 2493 (1950), Sections 17 and 40, Excise Department.
Smuggling any type of liquor (distilled liquor, fermented liquor, palm wine, etc.)
– No more than 6 months imprisonment.
– A fine not exceeding 5,000 baht pursuant to the Liquor Act, B.E. 2493 (1950), Sections 5 and 30, Excise Department.
Selling smuggled liquor produced under Clause 9:
– No more than 5,000 baht fine pursuant to the Liquor Act, B.E. 2493 (1950), Section 31, Excise Department.
Transporting or moving fermented or distilled liquor in order to avoid taxation:
– No more than 1 year imprisonment or a fine not exceeding 20,000 baht pursuant to the Liquor Act, B.E. 2493 (1950), Section 34, Excise Department.
Transporting or moving any type of liquor in an amount of 10 liters and up without a liquor transportation permit:
– 10 baht fine per liter based on the amount of transported or moved liquor pursuant to the Liquor Act, B.E. 2493 (1950), Section 14, 38, bis, Excise Department.
Selling or having for sale of community liquor in order to avoid taxation:
– No more than 6 months of imprisonment.
– A fine at 4 times the liquor tax (according to the amount of liquor seized) pursuant to the Liquor Act, B.E. 2493 (A.D. 1950), Section 33, Excise Department.
Selling or having for sale of international liquor in order to avoid taxation:
– No more than 6 months of imprisonment.
– A fine at 4 times the liquor tax (according to the amount, category/type of liquor seized) pursuant to the Liquor Act, B.E. 2493 (1950), Section 33, Excise Department.

Selling, distributing, dispensing or organizing parties with liquor of any type at an election district after 6:00 p.m. at 1 day before an election day until after an election day.
– Imprisonment not exceeding 6 months or a fine not exceeding 10,000 baht or both pursuant to the Electoral Act on Local Council’s Members or Local Administrators, B.E. 2545 (A.D. 2002), Section 130.

Selling or consensual negligence in permitting persons intoxicated to the point of chaotic or uncontrollable behavior to enter the service facilities during work hours.
– A fine not exceeding 50,000 baht pursuant to the Entertainment Establishment Act, B.E. 2509 (1966), Section 16(2) (3), and Section 27.

– Ministry of Interior, the Alcoholic Beverage Control Act, B.E. 2551 (2008), is also applied to regulate new selling facilities.

Reading and understanding legal language might be hard, but pay attention to the penalties. If you want to sell alcoholic beverages, it’s vital that you do so correctly in compliance with every legal article.

In addition to learning about how to apply for a permit to sell alcoholic beverages at your restaurant, you can also read “Know Ahead of Your Mistakes! Prepare Yourself before Serving Alcohol at Your Restaurant” here: