In brief
Under the Alcoholic Beverage Control Act (No. 2), B.E. 2568 (2025) ("ABCA No. 2"), businesses are not allowed to sell alcoholic beverages to intoxicated persons. To support compliance with this rule, the Department of Disease Control has issued a new notification that clarifies the criteria for determining whether a person is considered intoxicated.
In practical terms, this means sellers now have clearer standards to apply when assessing whether a customer is intoxicated. Businesses should therefore be prepared to comply with this restriction, as selling alcoholic beverages to an intoxicated person may result in joint liability together with the intoxicated person.
In more detail
What are the existing rules?
Businesses are already prohibited from selling alcoholic beverages to intoxicated persons. This notification does not introduce a new restriction. Instead, it clarifies how sellers are expected to assess intoxication when determining whether to sell alcoholic beverages.
What does "intoxicated" mean in practice?
- The notification sets out official criteria and recognized methods that sellers are required to use when assessing whether a customer is intoxicated. This provides a clearer framework for fulfilling the seller's obligation, rather than relying solely on informal judgment or ad hoc discretion.
- For businesses, this means that:
- Compliance with the prohibition on sales to intoxicated persons is assessed against defined indicators.
- A seller's responsibility is more clearly established where alcoholic beverages are sold to a person who meets the clarified criteria of intoxication.
Why this matters for businesses
- Businesses must be prepared to comply with the restriction on selling alcoholic beverages to intoxicated persons. Staff should be trained and ready to refuse service where intoxication is apparent.
- Where alcohol is sold to an intoxicated person, the business may be held jointly liable together with the intoxicated person. Failure to refuse service may therefore expose the business to enforcement action and increased regulatory scrutiny.
What's next?
Businesses should review their current practices and implement appropriate measures to ensure compliance with the restriction on selling alcoholic beverages to intoxicated persons. This should include updating internal policies, staff training, and protocol for handling situations involving intoxicated customers.
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Sirapop Amorncheewanun, Haruthai Chaisanee, Pongtorn Jittapinijmas, and Woraphan Khunakornkorbkij, Associates, have contributed to this legal update.