City councils can’t ban liquor sales at whim, says ex-senator

City councils can’t ban liquor sales at whim, says ex-senator

Ti Lian Ker says local authorities cannot override federal law by imposing an additional ban or restriction on liquor sales.

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A former senator says licences for sale of alcoholic beverages already impose a condition against sale to minors and Muslims.
PETALING JAYA:
City councils cannot arbitrarily ban the sale of liquor and alcoholic drinks, even in Malay-majority areas, as such action would contravene the constitution and the law, according to a former senator.

Ti Lian Ker of MCA said liquor licences granted under the Excise Duty Act would generally come with conditions including prohibiting the sale of alcohol to minors and Muslims.

Ti Lian Ker.

“Local government by-laws or regulations cannot bypass or impose another condition on a licence approved under federal law,” he said.

Ti said that as there already are laws that forbid Muslims from purchasing or consuming alcoholic drinks, there should be no further penalty or restriction on licence holders.

A ban or additional restrictions imposed by local councils would be invalid for contravening the constitution, said Ti, while a general restriction by a local council on the sale of alcohol would also impinge on the constitutional rights and lifestyle choices of non-Muslims.

Ti’s comments came in response to plans by the Ipoh city council to expand a ban on the sale of liquor and alcoholic drinks in areas with a majority Malay-Muslim population. At present, there is a ban since 2021 only in Manjoi, a satellite town within Ipoh.

On Saturday, Ipoh mayor Rumaizi Baharin said there had been demands for the ban to be extended to include Ulu Chepor, Rapat Setia and Kampung Sungai Rokam.

He said the council had agreed in principle but there was a need to study the proposal.

Ti, a former assemblyman in Pahang recalled that he had challenged the confiscation of beer from a shop in the state 20 years ago.

He said the beer was seized following Umno complaints that it ought not to be sold in an area with a Malay majority. However, he argued there are no laws that prohibit the sale of alcoholic beverages in Malay-majority areas.

He said elected representatives must uphold the rule of law and safeguard constitutional rights, and not succumb to political arm twisting.

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