Two prominent business associations have expressed concerns over a proposal to hold alcohol-serving establishments legally accountable for the actions of intoxicated customers who subsequently cause harm on the road.
Small and Medium Enterprises Association of Malaysia president William Ng argued that the foundation of road traffic law is built upon individual responsibility. He noted that licensed drivers are adults who must be held accountable for the choices they make while operating a vehicle.
According to Ng, implementing excessively rigid regulations could damage the country’s reputation as a business-friendly destination for tourists. He pointed out that micro, small, and medium enterprises would be particularly vulnerable to legal risks arising from the behavior of third parties.
Practicality and enforcement challenges
Echoing these sentiments, Federation of Malaysian Business Associations central executive committee member Raymond Woo described the suggestion to penalize premises in drunk driving cases as impractical. He highlighted the significant difficulties involved in enforcing such a policy.
Woo explained that there are numerous variables regarding how a driver might become impaired, including the time elapsed between the purchase of alcohol and a subsequent incident. He noted that an individual might appear perfectly sober at the point of sale, making it nearly impossible for business owners to predict or control future events.
He maintained that the legal burden should remain firmly with the driver who causes an accident rather than being shifted to secondary parties who may have provided the service.
Response to proposed licensing changes
These industry reactions follow a call from the PKR Youth wing for local governments to introduce legal liability for businesses that sell or serve drinks to individuals who later endanger road users.
Shafiq Iqram Abdullah, who leads the PKR Youth NGO and volunteers bureau, had suggested the introduction of dram shop liability. This concept would involve adding a specific clause to business licenses that holds operators responsible if they are found to have over-served their customers.
