Sunday, July 27, 2014

Why BAR all the time?


One man asked me, “ Sir, do you issue BAR licenses? Can we transfer the name and change the location? Can I buy the bar license?” I said "NO" to the first but second and third, it depends on how genuine is the case. I was scared of this question “what is the distance that we should keep our bar from the schools, institutes and Offices?” Thank god, he didn’t ask me. If he did, I would have smiled and started a long conversation.

Consumption of alcohol is injurious to health. Alcohol consumption has lead to many societal disorders. Gang fights, domestic violence, rape, robbery, vandalism, etc. Besides that, hundreds of patients are admitted of liver cirrhosis and birth defects. We need some laws to control but not to ban the products. Better not to drink at all. We, Bhutanese are fond of alcohol despite stringent governments rules inhibiting the sales. An apology to the sobers- but how can we prove Bhutanese without alcohol? We are so used to and has trickled down from the ancestors as a culture. Cannot list the occasions that we drink, some started drinking heavily and has become so dependent on it. This has lead to the booming business in BARs in the country. -I am not health but on business now-

Recently the Trongsa DYT discussed about shifting the bar licenses which are located near the schools and institutes. While some expressed their concerns over the establishment of the bar before the institutes or schools, majority stood for the motion. Hence they should shift now. If we look around the country, this very rule will appear unfair. Thimphu with maximum institutes, schools, offices and parks, more than 700 bars are fully operational as of now. There could be hardly 50 ft away in some cases. Look at the location of the RCIBL, BOBL, BNB, Thimphu Thromdey Office, JDWNRH and etc. Bars and some even with pools to enjoy, surrounds them all. In contrast, People of Kanglung, under Trashigang Dzongkhag are deprived of bar licenses. In 2007, the bar licenses are ceased by the Dzongkhag administration upon serious alcoholism by the Sherubtse College students.  Now the time has come to Trongsa Dzongkhag.

While I generally know that opening bar in such location is prohibited through my senior inspectors and trade officers, I could not find in any Rule/Law Books stating that certain distance has to be maintained. Very recently, I came to know of one circular issued to the Ministry on 7th January 1999 by Honorable Tengye Lyonpo, Khando Wangchuck. Point no (iii) of the circular reads “No bars shall be located near dratshang, Rabdeys, Gomdeys, Shedras, Dzongs and educational institution.”  Although the circular does not mention any specific distance to be maintained, it seems that the effect of the very circular is coming with harder impact. Is it a foot, a kilometer or a mile? We will just have to assume. Rule 17 of Rules and Regulations for Establishment and Operation of Industrial and Commercial Venture in Bhutan, 1995 states that A licensed wholesale or retail dealer in alcohol shall not sell or gift alcholic beverages to a person below the age of 18, however there isn’t any clause stating the distance that we should keep between the bars and institutes, schools, etc. Even the latest version, Miroc, Retail and Wholesale Trade regulation, 2006 is devoid of the clause that people usually ask, but already implemented elsewhere and we will never find this circular coming out as law or rule in the history of MoEA. Therefore, do we, the enforcing agents and departments have any legal right to chase them away as when the things do not work?

While the impact of the alcohol has added on our nations debt of intensive medication, the people will still look for a fair play. After all we are all human, many looking for one’s benefit and least about others. It becomes worst when it comes into the field of business. How will the business sustain if it were to be located away from the town and crowd? If the students and trainees drink from the nearby bar, is there any law that says the owner should not sale to students? The law limits the age and not the type. Imagine if Trongsa have to shift to a new location and imagine if all the bars are few kilometers away in same location. While we try to clean the old space, will it not create a drunkard zone on other hand?
The moment I joined my service to serve the general public, I was confronted with the challenge to raid the shops of Kanglung, Trashigang, for selling the alcohols to the students of Sherubtse College. We penalized them on the ground of selling alcohol without license and not on the ground of selling to the students. Ever since the bar licenses were ceased by the district, black marketing thrived very well in the shades of consumer’s curiosity and profit of the shoppers. I got drunk many times during my college days and my college too was alcohol and tobacco free zone. You know where I did my degree? Shhh……it’s SHERUBTSE COLLEGE.

1 comment:

  1. Thank You for the beautiful article with strong message..loved it

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