KUALA LUMPUR – The government’s Covid-19 standard operating procedures (SOPs) are once again causing a stir as concerns abound over the definition of nightclubs and pubs, as well as whether live music is permitted in restaurants.
According to the latest National Security Council (NSC) SOPs for creative industries, live performances such as theatre, musicals, music, comedy, and busking are permitted, subject to approval from the Malaysian Cultural Development Agency and local authorities.
Meanwhile, in a list of general SOPs updated on Wednesday, “entertainment activities” in nightclubs and pubs fall under the negative list and are strictly prohibited
However, according to the NSC, how a nightclub or pub is defined lies in the hands of the local authorities.
“Business licences in every state are issued by the local council, so they will know the details better, on how the business is carried out,” said a representative from the NSC when contacted through the SOP hotline.
The representative went on to say that if the local council rejects a licence application because the business is considered a pub, “you cannot do anything about it”.
Do they know what pubs, clubs are?
Brian Gomez of Merdekarya, a live music venue and restaurant in Petaling Jaya, questions the government’s decision to curb activities in these venues “while simultaneously having no idea of what pubs and clubs are”.
If that were the case, he adds, the NSC should have left all nightlife-related SOPs to the local councils from the very beginning.
Last week, Gomez’s application to hold live music performances at his establishment was rejected by the Petaling Jaya City Council with the reasoning that indoor busking is prohibited by current SOPs.
The matter was then clarified by Petaling Jaya City councillor Derek Fernandez, who told The Vibes that the decision was made due to the council’s interpretation of the items contained in the NSC’s negative list.
While it’s clear that busking outdoors or in hotel lounges is permitted, he said the confusion arises when these activities take place inside a pub or nightclub with an entertainment licence or inside a restaurant that sells alcohol “incidental to its main food activities”.
Fernandez went on to say that any ambiguity should be read in favour of the public, while promising to raise the matter with the relevant city council committees as “a more lenient approach must be taken as businesses struggle to survive”.
More than just definitions
While some businesses can be easily defined as being either a pub or restaurant, Fernandez says that it is ultimately a matter of degree based on the “predominant purpose” of the business.
Questioning if a business should be defined as a pub solely due to its possession of an alcohol licence, Fernandez admits that the classification that will be used by the city council will not be in the business owner’s favour.
By passing the buck to local authorities, he says the NSC is “missing the whole point of the exercise”, reiterating that the focus should be on allowing busking in premises on the negative list.
Fernandez also called on the NSC to issue a directive to local authorities on updated SOPs.
“We are only going by what they’ve given us in writing, not what they’ve told you,” he said.
This call for a review of SOPs was echoed by Petaling Jaya MP Maria Chin Abdullah who said that NSC’s failure to provide clear guidelines would “make people suffer for nothing”.
“I don’t care if you call it bars or clubs, you need to give clear guidelines to allow them (business owners) to survive,” she told The Vibes earlier.
Cannot lump us all together
Besides uncertainty over SOPs hindering his business, a further point of contention for Gomez is the fact that his venue is listed in the same category as bars with entertainment such as snooker tables.
He explains that when applying for an entertainment licence, applicants must tick boxes that correspond with facilities provided by their establishment such as a stage for a live band, pool tables, or dartboards to name a few.
Calling for the creation of a special category for the arts, Gomez says this is all the more pertinent as the industry is in itself “unsustainable”.
While he is not calling for licences to be done away with, Gomez emphasises the importance of obtaining the necessary permits from the fire and health departments.
However, for the arts, he argues that the relevant taxes and licensing fees ought to be significantly reduced or abolished altogether as “the state has a duty to support its artists”.
In contrast to venues with other forms of entertainment, Gomez says: “What you have here are people who write and perform their own songs, we are not the equivalent of a snooker table or pinball machine and we should not be licensed as such.” – The Vibes, February 26, 2022
