Decriminalization of Beer Brewer: A Case Study of Brewing for Consumption Without Homebrewing License

Abstract

Although the Ministry of Liquor Production Regulations B.E.2565, which came into force on November 2, 2022, allowing persons overs 20 years of age to product beer for consumption, such production is still subject to permits and fees. A production without a license will be subject to imprisonment for not more than 6 months or a fine of not more than 100,000 baht, or both imprisonment and a fine. According to the study, the main reason for enforcing licenses requirement for brewing for consumption is to collect more taxes. When examining patterns of control over the production of similar commodities such as tobacco it was found that the production of tobacco for consumption does not require a license or fee. Therefore, if producing tobacco for consumption without a license is not a crime, it shouldn't be a crime to brew beer for consumption either. When considering the criteria for defining criminal offenses both in Thailand and abroad, it was found that brewing beer for consumption without a license is inconsistent with the criminal assignment. And when examining the enforcement measure to the production of beer for consumption abroad, it was found that although UK and Singapore have imposed criminal penalties on brewing beer for unlicensed consumption in the past, they have now repealed those laws by allowing production without a license. This article aims to explore ways to remove criminal penalties from brewing beer for unlicensed consumption.