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The objective of this research article are to study (1) an overview of the current Thai alcohol control laws and other related laws (2) public perceptions of the civil liability of alcohol sellers (3) guidelines for determining the civil liability of Thai, US and French alcohol business operators and (4) introducing guidelines for issuing legal measures in relation to the civil liability of beverage sellers. Alcohol in Thailand. The researcher used the method of data collection by document research. The questionnaire of 500 people in Phatthalung Province and focus group discussion of 10 key informants were used. The statistics used were percentage, mean, standard deviation, t test, F test. Data were analyzed and compared.
The results of the research showed that although there are laws that apply to operators by imposing penalties for selling alcohol to drunk people who cannot control their consciousness, there is no case where the seller sells alcohol to a person who is intoxicated. In addition, if it is the case that the operator sells alcoholic beverages to intoxicated person and such a person caused damage to others, operator must be liable as a channel for disaster, in case of the act of the operator is the proximity cause of the damage. It should also be strict in the issuance of licenses to sell alcoholic beverages, and there should be additional measures other than the law by having a drunkenness assessment form for operators to check the characteristics of customers before selling alcohol.
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Academic articles, research articles, and book reviews in the Ph.D. in Social Sciences Journal are author’s opinions, and not the publisher’s, and is not the responsibility of the Ph.D. in Social Sciences Journal Philosophy Association, Ramkhamhaeng University. (In the case that research is done on human, the researcher has to be trained in Ethics for Doing Research on Human Training and has to produce the evidence of the training).
California Department of Alcoholic Beverage Control. (2020b). Licensee education. Retrieved from https://www.abc.ca.gov/education/licensee-education
California Department of Alcoholic Beverage Control. (n.d.). Quick summary of selected law for retail licensees. Retrieved from https://www.tracelead.abc.ca.gov/traceleadpublic/documents/ABC-608%20Retail%20Laws%20.pdf
Howard, S. S., & Mooney, M. M. (2008). A refresh on New York dram shop liability. Insurance and Compensation Law Section Journal, 37(1), 17-19.
Krotintakom, S. (2016). Civil liability of alcohol beverage sellers: Legal and economic analysis. Doctoral Dissertation of Philosophy in Integrated Science, Thammasat University. [In Thai]
Krotintakom, S. (2017). Civil liability of alcohol beverage seller on the victim from the customer as drunk driver. Veridian E-Journal, Silpakorn University, 10(2), 1530-1543. [In Thai]
Monteleone, D. (2017). Understanding liability and limitations of dram shop law in Illinois. Retrieved from https://www.yourrockfordlawyers.com/understanding-liability-andlimitations-of-dram-shop-law-in-illinois
Pantuna, V. (2000). The essence of the Criminal Code, Teaching document, Introduction to General principles of law (30th ed.). Sukhothai Thammathirat Open University Press. [In Thai]
Ryskamp, D. A. (2020). Dram shop laws and social host liability for alcohol-related accidents in Illinois. Retrieved from https://www.nolo.com/legal-encyclopedia/dram-shop-lawssocial-host-liability-alcohol-related-accidents-illinois.html
Sucheewa, B. (n.d.). Liability for infringement. Retrieved from http://lawwebservice.com/lawsearch/ArchanBunyat25.pdf [In Thai]
Witvorapong, N., Wattanapongwanich, S., Meetawarn, K., & Ruangdetkhajorn, P. (2016). Alcohol control policies in Thailand: A 5P framework. Octoberprint. [In Thai]