THE National Security Council (NSC) should clarify its position on the interpretation of two directives, which in certain situations appear to give rise to a conflict that is affecting businesses who are just trying to recover from an economic nightmare caused by the Covid-19 pandemic and the subsequent control orders.
The case of Merdekarya highlights the frustration a business faces trying to make sense of the various standard operating procedures (SOPs).
A simple issue as to whether indoor busking is allowed in a cafe with an entertainment licence and food and beverage licence seems to yield different results and interpretations depending on how you look at it.
The NSC SOP dated February 11 for Phase 4 prohibits any “aktiviti hiburan” (entertainment) in a pub or nightclub.
The same SOP allows busking under permitted activities (with conditions) under the creative and performing arts category.
The situation is clear that where busking takes place outdoors or in the hotel lobby, it is allowed with conditions.
The problem arises where busking takes place inside a pub or nightclub with an entertainment licence.
Which directive takes priority? The problem is more unclear where indoor busking takes place inside a restaurant that sells alcohol incidental to its main food activities.
The Petaling Jaya City Council has interpreted the rules as allowing outdoor busking and I understand 15 licences have already been issued for this; but indoor busking in a pub or restaurant is not allowed based on its interpretation of NSC rules.
I will be raising this matter again to the council committee and my view is that indoor busking in a restaurant even with an entertainment licence should be allowed.
In principle, any ambiguity in the interpretation of the NSC directive must be made in favour of the public. A more lenient approach must be taken as businesses are struggling to survive.
The same should be also extended to pubs. Of course, NSC clarification would be best and help revive the livelihood of performing and creative artists who have suffered disproportionately because of shutdowns and restrictions.
I trust the federal government clarifies its directives. In the meantime, the local authority can interpret it to best further the public interest and economic well-being of the area. – The Vibes, February 26, 2022
Derek Fernandez is a prominent lawyer and local government expert, as well as MBPJ councillor
