Confusion comes to a head over restaurant booze rules

 

Pub and nightclub owners feel they are outcasts, social louts caught in a wave of spite, prejudice and clumsily misinterpreted Covid-19 rules.

The issue of alcohol served in such establishments has become something of a political lightning rod, decried by many as an expression of the narrow-minded.

Whether or not booze is the problem, some people think those in this sector of the hospitality industry are not nice people, that they are by-products of alcohol.

The apprehension is one that those in the food and beverage (F&B) circle do not understand. They deem the cocktail of rigid measures imposed on them as troubling.

Those who had pivoted their businesses to set up a full kitchen to stay afloat as F&B establishments during the health crisis sense further gloom amid commercial viability remaining a grave concern.

How did this menacing feeling of being targeted by the authorities suddenly heighten?

Just when you thought the free-flowing Covid-19 rules could not get any more ridiculous, a stiff one has been slammed on the weary owners of F&B outlets.

In a swoop on several food and beverage outlets at Jalan Telawi in Bangsar on Friday, police first ordered them to stop serving alcohol in line with rules set by the National Security Council.

The police returned with new instructions hours later, apparently telling them they could serve alcohol but without bartenders and bar lights!

Who is to do the pour, stir and shake of alcoholic and non-alcoholic drinks? And where?

What a to-do. Ambiguous? Absolutely. Unexpected? Totally. Discriminatory? Perhaps.

No surprise then that several bars were in full swing last night in the Bangsar pubbing strip, an apparent action to denounce the police raids on Friday coupled with a bring-it-on stance.

Call it procedural justice: If police aren’t seen to be acting fairly, the businesses and public won’t comply.

Why this contentious ruling has come now and not sorted out months ago is up in the air, sparking accusations of the government causing confusion and distress with its handling of new lockdown rules in relation to F&B joints.

Here’s more confusion: According to health ministry regulations gazetted on Feb 18, “activities in pubs and nightclubs including restaurant business in pubs and nightclubs remain a prohibited activity” under all the phases of movement control.

Responding to the Jalan Telawi raids, Kuala Lumpur police chief Saiful Azly Kamaruddin, however, said premises that have a bar and restaurant licence should only sell food and cannot open their bar counters.

So far, only Kuala Lumpur is affected by the “No bartenders, no bar lights” rule but there is talk similar action will be felt in other states under the MCO and continued during the other phases of movement restrictions.

The MCO currently applies to Johor, Penang, Selangor and Kuala Lumpur until March 4.

In the coming days, expect the industry players to express their frustration over how the police and local authorities enforce the “No bartender, No bar lights” ruling.

While we sympathise with the authorities, given the terminology used and with little training for officers on how to enforce this new directive and the hundreds others since the MCO was first enforced in Malaysia last March 18, they are bound to run into legal issues.

Lawyers say restaurants can serve alcohol with meals as it does not go against the SOP under the MCO.

“The burden is on the enforcement authorities to show which exact provision of law they are relying on,” said David Gurupatham, a legal adviser to the Restaurant & Bistro Owners Association.

He asked Kuala Lumpur mayor Mahadi Che Ngah and federal territories minister Annuar Musa to clarify the government’s position on the matter, failing which establishments would have cause to bring the matter to court.

Bottomline: Keep Covid-19 guidance messaging simple and avoid changing the rules as much.

Even if the government rows back from this position, sadly there will be some damage done because for the public to comply with the law, they have got to think and see the authorities are acting fairly.

To the patrons of F&B joints: Don’t push it. - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.