Business Groups Reject Proposal To Hold Bars Liable For Drunk Drivers’ Actions

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Two Malaysian business groups have rejected calls to impose legal liability on alcohol-serving premises for incidents involving drunk drivers, saying responsibility should remain with the individual behind the wheel.

Small and Medium Enterprises Association of Malaysia (Samenta) president William Ng said road traffic law is built on the principle of personal accountability, stressing that licensed drivers are adults responsible for their own actions.

He warned that imposing stricter rules on businesses could harm Malaysia’s attractiveness as a business and tourism destination, particularly for micro, small and medium enterprises (MSMEs) that may be exposed to legal risks due to the behaviour of third parties.

Federation of Malaysian Business Associations central executive committee member Raymond Woo also criticised the proposal, calling it impractical and difficult to enforce.

He said there are many variables involved in intoxication cases, including the time gap between alcohol purchase and when an incident occurs, making it unreasonable to hold premises accountable for a customer’s later actions.

Woo added that individuals may still be sober at the point of purchase, making it impossible for operators to predict or control what happens after they leave the premises.

He maintained that accountability should rest with the driver responsible for the offence, rather than being shifted to businesses that served or sold alcohol.

The comments were made in response to a proposal by PKR Youth, which suggested that premises serving alcohol to drunk drivers should be held legally liable for their role in endangering road users.

PKR Youth NGO and volunteers bureau chief Shafiq Iqram Abdullah had proposed introducing “dram shop liability” through local government regulations, making operators accountable if they are found to have “over-served” customers, as part of licensing conditions for such businesses.

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