City calls for review of entertainment legislation to allow 4 a.m. and/or 24 hour operation in specific zones

“Everyone” confused over variations in new laws

Veerachai Somchart

It appears that the only person who understands the new entertainment legislation might be the person who wrote it, and even that is not a sure thing.

By now, most likely everyone who has any interest in the new law is well versed in the changes that have been making headlines, but of late, these changes are being altered. At a recent cabinet meeting Deputy PM Purachai Piumsomboon, head of the committee making the legislation changes, proposed classification for operating times in specific venues, such as bath massage houses and other entertainment venues, by separating operating times according to zoning. He is prosing these new variations due to mounting concern that the populace may try to invoke paragraph 50 of the constitution, which allows “the people” to overturn legislation if they gather enough signatures on a petition.

To avoid such an exercise, the deputy PM said that zoning would be needed. For example, he said, dance venues inside the designated “entertainment zone(s)” would be allowed to operate from 9 p.m. until 2 a.m., but those outside the zone would be required to close at midnight. Beer bars inside the zone would be allowed to open from 11 a.m. to midnight ... Thai massage parlors inside the zone would be allowed to operate from 4 p.m. to midnight and outside the zone, 6 p.m. to midnight.

Places offering live music and shows inside the zone would operate from 6 p.m. to 1 a.m., but those outside the zone must close at midnight. He said that these regulations will come into effect as of March 1 this year.

However, there might be yet another twist to the saga. Suwit Nongyai, Pattaya city council member who is involved with the drafting of the new entertainment legislation in parliament said, “In reality, the law must be passed by parliament with a majority vote for it to come into effect, since it is being proposed by the Ministry of Interior. Currently, it has only passed through cabinet and has not been presented to the parliament.”

Suwit went on to say, “The new legislation will give special consideration to tourist destinations such as Pattaya, Phuket, Bangkok and Chiang Mai only, which would allow them to operate 24 hours. They will only be closed pending legal action if they fail to abide by the law (laws such as serving minors, drugs found on the premises, etc.). High ranking officials will also be able to order closure of a specific venue if it fails to abide by the rules. These laws have also yet to be passed.”

Suwit did, however, admit, “I’m sure that there will be changes coming.”

Meanwhile, back here in Pattaya where entertainment venue operators are still scratching their heads, wondering what this all means and how it will all turn out, said operators are trying to take matters into their own hands and have submitted a petition to protect their interests.

In the petition, local bar owners addressed 5 main issues: 1) The new laws are unclear for business owners and further clarification is required on their part; 2) The March 1 deadline for implementation is too soon for businesses to comply; 3) The 50,000 baht license registration fee is too high and they have called for reconsideration. If one complex has 20 bars, they said it would be better if the complex owner registers a single business and then collects the relevant fees from each operator; 4) Punishments of bar owners are too severe, e.g. being caught serving an intoxicated customer. Such regulations could leave an open door for officials to take advantage of bar owners, and 5) Operating times designated to be 6 p.m. till midnight are inappropriate for Pattaya and would negatively affect the city’s tourist numbers, since the city never really sleeps.

After receiving the petition, city administrators met at city hall and decided to call for a further clarification of the laws.

Tawit Chaisawangwong, council president, said that he and other city officials presented the document to the relevant government officials, including the Interior Ministry, the Chonburi provincial CEO, plus Sontaya Khunpluem, Minister for Tourism and Sports and Purachai Piumsomboon, Deputy Prime Minister, to present the case before parliament.

Tawit said, “We request that the opening and closing times for Pattaya’s entertainment venues be reviewed and categorize the city under two separate issues. First, people 18 years and over should be allowed into discos and pubs. The second issue involves go-go bars and beer bars, of which, in Pattaya, there are over 1,000 where foreign tourists are the major clientele. It would be beneficial to consider zoning that would allow these places to open until 3-4 a.m., or even 24 hours. Even Singapore allows their venues to stay open till 5 a.m.”

Tawit added, “This must be taken up with cabinet and parliamentary members and officials involved in drafting these laws should survey Pattaya for themselves.”

So far, the city is not backing down

Suchada Tupchai

As suspected, the introduction of Pattaya’s free bus service has led to malcontent among the city’s baht bus drivers. This prompted an emergency meeting at city hall on Monday afternoon, February 16, to attempt to resolve the problems facing baht bus drivers and give them an opportunity to publicly voice their objections to the new service.

Disgruntled baht bus drivers are voicing their grievances over the new free bus service.

The disgruntled members of Pattaya’s Baht Bus Cooperative met with acting mayor, Apichart Puechphant, Prof. Dr. Tawatchai Laosirihongtong, director of the Transport Research and Development Department at the King Mongkut Institute of Technology, and Pol. Lt. Col. Somchai Phongsai, traffic superintendent.

One representative from the co-op complained that since the start of the service, passenger numbers are down dramatically because the new bus service is free. After just three days, drivers are facing financial hardship as a result.

Baht bus cooperative representatives also called for a reduction in the trial, asking for it to be reduced to three months, and added that they are at definite disadvantage because everyone would prefer to use a free service.

“It is killing our business,” he added emphatically.

Dr. Tawatchai Laosirihongtong replied that he would like everyone to see the positive benefits of the service. He said that the bus service is just one of the solutions being studied to help resolve traffic problems in the city, and that the overall outcome of the research will, in the long term, help the baht bus cooperative to function better if they can solve long standing issues and create order out of the current system.

“Cooperation is needed for the betterment of the situation. Our research revealed that this new bus service is the best alternative, and that rather than use the current songtaew system, it would be better to opt for an international standard of service as part of the continuing research model,” said Dr. Tawatchai.

Not one to mince words, Sittiparp Muangkham, city engineering director said, “I can empathize with the songtaew drivers and their current predicament, but it is the songtaew drivers that have caused much of the traffic problems, whether it is through not adhering to the traffic laws, or picking up and dropping off passengers at random, unfair pricing practices or even conforming to specified routes. It is, however, an opportunity for drivers to get their act together and create their own order out of chaos ... (The new bus service) is beneficial to the research and for the residents who have faced difficulty in traveling around the city because of the one-way system still under consideration.

“It will benefit baht bus drivers in the long run, but only if they work within the rules, have a strict code of conduct and improve their overall image and behavior,” Sittiparp concluded.

Members of the baht bus cooperative continued to air their grievances throughout the meeting, complaining that they would lose huge revenue to the free service over the six-month period, especially since buses have their own special route that baht buses cannot travel on. One of the points they brought up, however, was how they felt the baht bus system is better because it is not restricted to specific stops like the new bus system.

Although the meeting lasted for over three hours, no definitive agreement was reached. However, city officials did make one thing clear, and that is that they are not about to discontinue the new free bus service because they have already committed a large investment into the project. Officials emphasized that the bus service is an important aspect in the traffic research project that would ultimately benefit the city as a whole and create more order on the city streets.

Baht bus members countered with a proposal that would have the buses begin charging a fare after 45 days, and alternating between a period of 45 days free and 45 days to charge, plus allow songtaew drivers to provide alternate service during the same period. The idea was rejected by all concerned and a motion to meet at a later date was reached.

Meanwhile, some baht bus drivers have begun using guerilla tactics in an attempt to disrupt the new service out on the streets. Their methods include driving along the designated bus lane in the opposite direction to block the buses, harassing bus drivers and causing them to take evasive action, and even harassing passengers alighting from the air-conditioned bus. Such actions have created much disgust and further dislike for songtaew drivers among passengers already disgruntled with their service.