Restaurants, bars serve criticism to authorities for misinterpreting rules

KUALA LUMPUR – The Bangsar Bar and Restaurants Owners (BRO) have called on the authorities to provide a final clarity on enforcing the standard operating procedures (SOPs) for restaurants and bars in the Jalan Telawi vicinity here.

BRO pro-tem chairman Benny Bedi said that the police are misinterpreting the law with regard to the status of restaurants and bars compared to nightclubs and pubs.

The federal government gazette issued on February 18 and SOPs issued by the National Security Council (NSC) prohibits the operation of nightclubs and pubs.

The police, he said, should not interpret the law equating restaurants and bars to nightclubs or pubs.

“However, the police are choosing to interpret the regulations as such by prohibiting the sale of alcohol and not allowing or partially allowing restaurants and bars to open.

“Apparently, according to the police, a restaurant should not have a physical bar. If there is one, it should be closed, its lights switched off, and a bartender cannot be on duty.”

Benny said that per the advice given by Federal Territories Minister Tan Sri Annuar Musa and Kuala Lumpur Mayor Datuk Mahadi Che Ngah, many nightclubs and pubs have converted their businesses to restaurants and bars.

“It is our right to survive this pandemic. Article 5 of the federal constitution guarantees this right for every citizen.

“If we used to own a nightclub before March 18, 2020, it does not mean we should be doomed. We have the right to convert the business as long as it complies with current laws.”

The misinterpretation by the police, Benny said, has forced him to shut his own business owing to lack of customers who fear unnecessary repercussions from patronising his outlet.

“We are operating legitimately with numerous licences and in accordance with the SOPs. However, we cannot be expected to get caught between various interpretations of the same SOPs.

“NSC would announce some SOPs, but the police or KL City Hall, for instance, interpret them differently.”

Admitting that police are performing their duty and acknowledging that there are many premises throughout the city that still flout the rules and operate as nightclubs or pubs, Benny called upon police, NSC, and KL City Hall representatives to meet up with BRO to clarify the situation.

“It is important for everyone to be on the same page, if we are to operate accordingly. Our livelihoods are at stake.”

BRO’s comments came following Friday’s incident where police officers visited their premises and ordered them to stop serving alcohol.

According to NSC’s SOPs, only pubs and nightclubs are prohibited from operating during the movement control order (MCO).

Brickfields police chief Anuar Omar told The Vibes that his personnel are only doing their jobs, while calling for the disgruntled bar and restaurant owners to take their complaints to the NSC.

While Senior Minister (Security) Datuk Seri Ismail Sabri Yaakob told The Vibes that NSC’s banned list under its current SOPs includes pubs, bars, nightclubs, and entertainment and karaoke centres.

“The negative list means that they are not allowed to open or operate.

“Restaurants that sell liquor are not included in the list. After all, most Japanese restaurants sell sake (a Japanese alcoholic drink).”

In a later message to The Vibes, Ismail reiterated the ruling on pubs and nightclubs, but said “for example, a Chinese restaurant is allowed to sell alcohol because of its nature of business is a restaurant.”

As opposed to Ismail’s views, however, KL police chief Datuk Saiful Azly Kamaruddin told The Malaysian Insight that the sale of alcohol from a bar is not allowed under the MCO since only restaurants can operate.

Meanwhile, lawyer Derek Fernandez said MCO enforcement actions must be undertaken with a clear understanding of the law and SOPs, bearing in mind the serious economic losses tax-paying businesses are already suffering from.

“Not everyone is blessed with a salary that is not jeopardised because of a bad economy or poor sales/income.

“The minister should ensure that implementation of the MCO and legal prohibitions are done without ambiguity and all law enforcement agencies clearly understand what is allowed and what is not, as well as the public,” he told The Vibes.

Fernandez said haphazard action and prohibitions that interfere in lawful business activities can result in legal claims being made.

“Most recently, the Federal Court has decided that termination of a temporary licence of a hotel in Penang by the Penang Island City Council (MBPP) without just cause was wrong and ordered compensation be paid to the hotel.

“Similarly, eateries that are licensed to serve alcohol cannot be summarily told to stop without clear lawful authority and just cause. In doing so, we expose the relevant parties to law suits.”

These businesses, he said, pay licensing fees, taxes and duties and are entitled to operate their business without interference and under the protection of the government.

“If any prohibitions are required by the NSC to protect against a perceived risk of the spread of Covid-19, those prohibitions must be clear, reasonable and just.” – The Vibes, February 20, 2021