The clarification came after The Phuket News presented an image for an advertisement of a Phuket beach club showing two people holding drinks in their hands.
Somsuk Samphanprathip, one of the PPHO’s two Deputy Directors, told The Phuket News, “Regarding the submitted advertisement, we believe the intended purpose of the image is not illegal, as it is intended to promote the venue and the drink does not contain any symbols, brands or logos indicating alcohol or wine glasses.
“It appears to be a fruit juice drink, or the emphasis is more on the atmosphere, so it does not fall under this category,” Mr Somsuk said.
“Actually, menu photos are prohibited. Promotions are prohibited. Photos of friends offering discounts or freebies with other products or menu items are prohibited. Images of beer bottles, alcoholic beverage logos, brand logos or even liquor brands are prohibited from being featured on menus or in photos used to promote a restaurant or bar,” Mr Somsuk continued.
“Ultimately, we consider the intent of the advertisement. If the intent is to advertise alcoholic beverages, or if officials determine that the advertisement suggests the distribution or sale of alcoholic beverages is focused on alcohol, they will be immediately arrested and fined,” Mr Somsuk warned.
“However, if the advertisement appears to be borderline in violation, but the emphasis is still on the atmosphere or food, a warning may be issued and time for corrections. This is at the discretion of the government officials or the Phuket Provincial Public Health Office (PPHO) will decide,” he added.
“Whether a bar or restaurant is allowed to do so depends on the intent of the promotion. For example, if you want to promote your restaurant by focusing on the food, the atmosphere and drinks that look like fruit juice, that’s fine. However, if you’re holding a wine glass or beer bottle, that’s not allowed and is immediately illegal. This is at the discretion of the PPHO,” Mr Somsuk concluded.
However, Mr Somsuk noted that most violations occur when venues use images of beer bottles or alcohol brands in storefronts or on social media. “They may use their own restaurant logo or replace alcohol logos with water or soda logos instead,” he said.
Items such as umbrellas, aprons or bottle holders carrying alcohol brand logos are also illegal. Establishments are required to cover such branding to avoid being considered as advertising, he explained.
Mr Somsuk also warned against bars displaying liquor bottles that are not for sale or consumption, calling it misleading to customers. “If alcohol is advertised or displayed, it must be available to purchase. Otherwise, it is illegal,” he said.