Thailand New Alcoholic Beverage Control Act and Expanded Seller Liability

The Alcoholic Beverage Control Act (No. 2) B.E. 2568 (2025) (the “ABC Act”) was published in the Royal Gazette and came into force 60 days later, on 8 November 2025. This amendment represents the most substantial amendment to Thailand’s alcohol regulatory framework since its introduction in 2008.

The key objective of the amendment is to modernize and strengthen alcohol control measures, addressing outdated provisions and ensuring that the regulatory regime remains effective and responsive to current social and commercial conditions.

Key regulatory changes

The amended ABC Act tightens and clarifies Thailand’s alcohol regulatory regime in several critical areas, including:

  • Enhanced restrictions on advertising and marketing of alcoholic beverages
  • Stricter controls on the sale and consumption of alcohol and expanded civil liability for alcohol sellers and service providers

Advertising and marketing restrictions

The amended law introduces more detailed limitations on how alcoholic beverages can be advertised or promoted.

The amendments can be summarized as follows:

  • Advertising that persuades or induces alcohol consumption is prohibited; however, the provision of factual information or knowledge is permitted if conducted in accordance with prescribed rules.
  • The use of celebrities or well-known individuals to promote alcohol consumption is prohibited, except where information is provided to specific and limited target groups.
  • Advertising other products using the name, logo, or symbol of an alcoholic beverage is prohibited if it may cause the public to perceive it as alcohol advertising.
  • Supporting public or social activities in a manner that indirectly promotes or encourages alcohol consumption is prohibited.
  • The dissemination or promotion of activities or information that indirectly promotes or encourages alcohol consumption is also prohibited.

Stricter sales controls and expanded seller liability

Under the amended ABC Act, all alcohol sellers including retailers, convenience stores, restaurants, hotels, and entertainment establishments are obligated to confirm both a customer’s age and level of intoxication before completing any sale of alcoholic beverages. Detailed procedures for such verification are expected to be set out in upcoming subordinate legislation. The law expressly forbids the sale of alcohol to individuals under the age of 20 or to persons who are intoxicated. Failure to comply with these obligations may expose sellers to civil liability for damage resulting from harm caused by underage or intoxicated patrons. This amendment therefore significantly broadens the scope of the seller’s responsibility and substantially heightens compliance and legal risk at the point of sale.

Thailand’s Restaurant Association has publicly expressed concern regarding the expanded liability provisions, particularly as they apply to restaurants and hospitality operators.

The Association has highlighted several practical challenges, including:

  • Potential burden of proof on restaurants to demonstrate that alcohol was not served to an already intoxicated persons.
  • Difficulties where persons consume alcohol at multiple venues.
  • Uncertainty regarding liability where a customer appears sober at the time of service but later becomes intoxicated.
  • Complexities arising from group orders, where some members may already be intoxicated.

The Association has also raised concerns regarding increased compliance costs, including recommendations for CCTV systems with audio recording, and has called on authorities to reconsider the expanded liability regime.

Other regulatory developments

The amended ABC Act also introduces provisions relating to:

  • The promotion of treatment, rehabilitation, and support for individuals affected by alcohol consumption.
  • Adjustments to permitted sales hours.
  • Standards for the establishment and operation of alcohol sales points.

 

Thailand New Alcoholic Beverage Control Act and Expanded Seller Liability_Bangkok Global Law