Motoring @ AsiaOne

You drink they pay?

In Japan, club is fined if customer drinks and drives. Will it work here?
Cara Van Miriah

Sun, May 20, 2007
The New Paper

NEW nightspots sprouting up, longer partying hours. Could it lead to more drink-driving cases?

Well, look at the figures compiled by the Traffic Police. Last year, 3,733 drivers were nabbed for drink-driving - that's about 10 drivers every night. Of these, one in 10 were involved in accidents.

This is over 25 per cent more than in 2004, which saw 2,929 cases. In 2005, there were 2,989 cases.

Will these figures sober up party goers and should nightspots help by restraining patrons who drink excessively.

In Japan, the police penalise the pub where the drink driver has had drinks. Japanese expatriate Hideki Akiyoshi, 43, a creative director, told The New Paper on Sunday: "The laws in Japan have tightened this year to curb road accidents.

"The valets at the nightspots and restaurants will hold on to the car keys if the driver is drunk. A valet will also drive him back."

In Singapore, there is a little known law under the Customs (Liquors Licensing) Regulations, which prohibits clubs from serving alcohol to people who are drunk. Those who flout this can be fined up to $5,000.

This law covers places like nightspots and even coffee shops.

It begs the question - do nightclubs here adhere to this regulation strictly?

Incidentally, last year saw many new clubs opening, including big ones like St James Power Station, and Clarke Quay's Clinic, Kandi Bar and Ministry of Sound.

When contacted, Mr Andrew Ing, 39, chief operating officer of St James, which has nine clubs, said: "Staff members do not serve anyone who is obviously drunk. We also stop drunk customers from entering the outlets."

Zouk and six of Lifebrandz's nighspots, like Ministry of Sound, said their employees are given strict instructions not to serve drinks to anyone who is intoxicated.

But Mr Calvin Sio, 31, Lifebrandz's vice-president of marketing, noted that it is hard to tell if a person is drunk.

"Many look 'normal' even if they have had a lot to drink. It's hard to monitor how much they've consumed especially when customers share a bottle of liquor."

Mr Luqman Rohim, 29, a valet at Clarke Quay, observed that some patrons insist they can drive home despite reeking of alcohol.

NOT OUR PROBLEM

One club operator feels that nightspots shouldn't be tasked to police customers' drinking habits.

The 38-year-old, who declined to be named, argued: "We are not in the business to sell just two beers to every customer. We will go bust. The adults should beheld responsible for their actions, not the clubs."

However, in New Jersey, US, bars have been dragged into third-party liability civil suits under the Dram Shop Act.

The act holds alcohol servers responsible when intoxicated patrons cause harm to others or themselves.

But can victims of drink-driving in Singapore file a third-party liability suit against the nightspots?

Lawyer Andre Arul of Arul Chew and Partners said: "The courts in Singapore have not imposed third-party liability in negligence on the part of the nightclubs.If a drink driver kills someone in a road accident, the nightspot he patronised plays a remote part in the accident.

"It is the driver's negligence that caused the accident."

Can the victim take up a case against the valet - if the valet returns the key to a drunk driver who caused the accident?

Mr Arul said there is a liability clause which limits the liabilities of valets. Besides, he may not have been able to tell if the driver was drunk.

The valet also does not have the right to hold on to the car keys against the driver's wishes, he added.

Mr Thangavelu of Straits Law said that the liquors licensing regulation has limited effects in curbing drink-driving.

"A person could be drinking from home and then going to various nightspots. Who is to be penalised for making him drunk?"

In 2005 and 2006, there were only three cases each year where liquor licences were revoked or not renewed.

Still, to play safe, nightspots here are upping the ante on educating their patrons about drink-driving.

Mr Ing said: "We offer a drive-home service if someone is drunk. We can help them call a cab and they may leave their cars at our premises."

Posters advising against drinking and driving are placed in every toilet, and clubs at St James will soon have a breathalyser installed at its premises, like at Zouk.

Clarke Quay is also in talks with its tenants to have one installed at their outlets, its spokesman said.

At Zouk, the "no drink-driving" advisory is printed on coasters, and valets also advise customers not to drink and drive.But are these effective deterrents compared to, say, having a police road block near big nightspots on weekends?

Mr Sio of Lifebrandz said such close proximity will put people off. Mr Ing added: " Such a move will hurt the business... I believe Marina South was infamous for road blocks. Maybe that is why it is no longer a vibrant place."

The nightspots, though, say they are open to working with the Traffic Police to launch a campaign to educate drivers.

Last year, drink drivers were responsible for one in four fatal accidents - or the deaths of 25 people.And drink-driving incidents are showing no signs of abating. In the first three months of this year, 141 drink drivers caused accidents.

When The New Paper on Sunday spoke to about 50 regular pub-goers, most felt it is time for nightspots to take more responsibility.

Mr SK Goh, 36, an IT specialist, said: "You can't say that nightspots don't contribute to the trend. They see heavy traffic of people and these places are points of sale (for alcohol).

"They're in a position to stop people from excessive drinking," he claimed.

 
 
 
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