Legal Issues and Enforcement Issues Concerning the Alcoholic Beverage Control Act, B.E. 2568 (2025) and Its Relevant Secondary Law

Abstract

The Alcoholic Beverage Control Act (No. 2), B.E. 2568 (2025), which officially took effect                            on November 8, 2025, represents a landmark legislative reform aimed at addressing legal loopholes and adapting to the evolving social, economic, and digital marketing landscapes. Key amendments include expanding the definition of “Alcoholic Beverage” to encompass liquids or substances containing more than 0.5% alcohol by volume and broadening the term “Marketing Communication” to strictly regulate indirect advertising and influencer reviews across online media. Furthermore, the authority to issue notifications regarding the designated times and places for sale has been transferred from the Prime Minister to the Alcoholic Beverage Control Committee to enhance administrative agility.

Regarding consumption control measures, a significant impact arises from the prohibition of alcoholic beverage consumption at points of sale or commercial service areas during restricted hours (00:00–11:00 and 14:00–17:00). Violations are subject to a regulatory fine not exceeding 10,000 Baht, despite a one-hour grace period permitted for patrons who purchased their beverages prior to the commencement of the restricted hours. Additionally, the Act elevates the civil liability of sellers, mandating that operators share responsibility for compensation if they intentionally or negligently sell alcohol to an intoxicated person who is unable to maintain consciousness and subsequently causes harm or damage to others.

However, the enforcement of this Act faces legal challenges and interpretative hurdles, particularly regarding the difficulty for operators to subjectively assess the "standard of intoxication" through visual observation. There are also concerns regarding the potential for arbitrary use of authority by officials in suspending or revoking licenses without clear standardized criteria. Consequently, this article proposes the expedited development of an "Interpretative and Enforcement Manual," along with the formulation of concrete definitions in subordinate legislation. Such measures are essential to ensure fairness and maintain a balance between public health objectives and the nation's economic vitality.