KUALA LUMPUR – Former Federal Territory Excise Licensing Board chairman Datuk Sankara Nair believes that previous regulations concerning alcohol licences are more than sufficient for the country, with no proposed amendments required for now.
Speaking to The Vibes, Sankara said the regulations applied in 2018 and 2019 – when he had held the position of chairman – are adequate, suggesting that there could be political elements coming into play regarding stricter rules.
Given that the government has implemented stricter punishments for drunk driving, Sankara said there is no need to make it tougher for restaurants and kopitiam to serve alcohol.
“I think whatever regulations in 2018 and 2019, when I was there, are adequate.
“To ban alcohol sales in coffee shops (is not suitable), because they don’t require a licence to sell beer.
“The suspicion behind wanting to do so is obvious because they are pressured by a political party that, for its own religious purposes, aims to discourage alcohol sales,” Sankara said when contacted.
Sankara said the issuance of alcohol licences is under the purview of the Licensing Board.
As per the Excise Act 1976, members of the Licensing Board are appointed by the finance minister.
“Therefore, it is only proper that the directive (to freeze licences) is issued by the finance minister, as per the law,” Sankara said, adding that the minister should provide the public with the reasons behind such directives.
However, Sankara said the power that the finance minister holds with regard to the matter can be delegated.
Usually, in this situation concerning alcohol licences, Sankara said the Finance Ministry delegates it to the respective states.
“The finance minister will actually delegate his power to the states. Delegation does not mean it is the states’ power, it still belongs to the finance minister.
“States merely exercise the power that the finance minister has.
“It is through this delegation that they considered stricter regulations nationwide,” Sankara noted.
The process for issuing alcohol licences involves various public agencies. In fact, Sankara said the Licensing Board comprises members from agencies such as the Customs Department and police.
Sankara said applications for alcohol licences would be scrutinised by local councils, the Customs Department, police, and the Health Department.
He added that numerous considerations would be made prior to approval, including the location.
For example, they would assess whether the premises serving alcohol are near any schools, mosques, or other places of concern.
“The premises must be within the specifications and location approved by the authorities, and not near places such as schools and mosques.
“Similarly in malls, there are certain floors where premises would not be allowed alcohol licences,” he said.
It was previously reported that restaurants and kopitiam nationwide that sell beer would be required to apply for new licences come January 1.
However, on December 7, MCA president Datuk Seri Wee Ka Siong announced that the Customs Department had been compelled to revoke the order.
Wee said he confirmed with Finance Minister Datuk Seri Tengku Zafrul Tengku Abdul Aziz on the revocation of the directive.
He said the Customs Department, which is a member of state licensing boards, has no power to unilaterally instruct restaurants and kopitiam to apply for liquor licences. – The Vibes, December 16, 2021
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