A Move Forward Party (MFP) bill to allow more alcohol businesses to enter the industry and to legalise non-commercial alcohol production, has been rejected by a mere two votes in parliament.

File photo of beers display in a street protest.

In the third reading of the bill on 2 November, lawmakers rejected the bill by 196 votes to 194. The first round saw MPs vote 177-174 in favour with 11 abstentions and four no votes, resulting in a petition from MFP MP to call for the vote again.

In front of parliament, people gathered in anticipation of the result. Among them were activists and a network of brewers who distributed free samples. There were also demonstrations on how to make beer.

Taopiphop Limjittrakorn, the MFP lawmaker who introduced the Progressive Liquor bill, said after the vote that he had regrets but was not saddened by the result. After the vote, he joined the crowd and received hugs and support from them. 

In general, the bill aimed to amend the Excise Tax so that homebrewers who do not intend to produce alcohol for sale no longer need a licence, and home alcohol production would no longer be a punishable offence.

The amendments would also allow small- and medium-scale breweries to enter the alcohol market, since anyone would be able to get a licence without having to meet minimum production capacity requirements. Community distilleries could also be established without being subject to capacity or employee number requirements in order to boost the production of traditional Thai liquor. 

The bill was introduced to eliminate the high barriers to market entry erected by the Excise Tax Act and 2017 Ministerial Regulations.

The night before the second and third reading of the bill, which were both held on 2 November, a new set of Ministerial Regulations was controversially issued by the Cabinet and go into immediate effect, replacing the 2017 rules. This was seen as an attempt to forestall the MFP bill. 

Despite allowing individuals to brew for non-commercial purposes, removing minimum authorised capital requirements, and reducing minimum production amounts for home brewing, factory-scale minimum distillation quantities remain at the same rate.

Non-commercial brewers are also required to register with the authorities and provide detailed information about ingredients, brewing methods, and tools used for brewing, unlike the Progressive Liquor bill that had no similar regulations. 

The alcohol content of gin, whisky, and brandy was capped at 28 degrees, somewhat below the market average of around 32-40 degrees. 

Taopiphop argued that the Ministerial Regulations would still make it difficult for SMEs to find a place in the beverage industry as many procedures still depend on officials in many agencies to authorise licences.

He also said after the vote that he would reflect and try to come up with an MFP version of the Ministerial Regulations.

Pita Limjaroenrat, MFP leader saw the government hastily passing the Ministerial Regulations before the parliament’s debate on the Progressive Liquor Bill as an intention to downplay the bill from MFP, according to the Bangkok Post.