The deadly fire at an entertainment venue in Bangkok’s Lat Phrao area has raised questions that go far beyond the immediate tragedy.

It has exposed a wider problem in Thailand’s regulatory system: many businesses licensed as restaurants now operate much like pubs, bars or entertainment venues, yet remain subject to a different set of rules and a lower level of scrutiny.

The issue, then, is not limited to who should be held responsible for what happened. Authorities must also examine whether the law allows operators to choose licences that are easier and cheaper to obtain, even when the way their businesses operate creates risks similar to those found in licensed entertainment venues.

Restaurants and entertainment venues are governed by different laws

Under Thai law, restaurants and entertainment venues are treated as separate types of business.

Restaurants are regulated under the Public Health Act of 1992. Licences are issued by local authorities, including the Bangkok Metropolitan Administration, municipalities and subdistrict administrative organisations.

Under Section 38 of the law, operators must show that their premises meet standards covering sanitation, cleanliness, kitchen facilities, toilets, waste management and relevant building requirements.

Entertainment venues fall under the Entertainment Place Act of 1966.

Businesses that operate primarily for entertainment, including venues serving alcohol, hosting live music or performances, or providing space for dancing, must obtain an entertainment venue licence before opening.

That process involves several agencies. Administrative officials, police, city planning authorities and safety inspectors may all be involved.

Entertainment venues are also restricted to areas officially designated for such businesses.

As a result, opening a licensed entertainment venue is far more complicated than opening a restaurant. The rules are stricter, the locations are more limited and the approval process is more demanding.

A loophole many operators have used

The restaurant business has changed considerably in recent years.

Many venues no longer depend mainly on food sales. They have stages, live bands, DJs, large sound systems and elaborate lighting. Alcohol may account for much of their revenue, and customers often stay late into the night.

In practice, these venues may look and operate much like pubs or bars. On paper, however, they remain restaurants.

The appeal is easy to understand. Restaurant licences are generally simpler to obtain. They allow businesses to operate in more locations, avoid entertainment-zone restrictions and reduce administrative costs.

Operators may then apply separately for permission to use amplified sound and obtain the licences needed to sell alcohol.

Each application is considered by the agency responsible for that particular issue. The problem is that the system does not always bring those approvals together or assess what the business has become as a whole

One agency may approve the sound system. Another may approve alcohol sales. A local authority may renew the restaurant licence. Yet no one may be asking whether the venue, taken as a whole, is still operating as a restaurant.

Businesses change, but licences often do not

This is one of the clearest gaps in the current system.

A restaurant may begin as a relatively simple food business. Over time, it may add a stage, expand its lighting and sound equipment, host concerts, increase capacity and shift more of its income towards alcohol sales.

Despite those changes, its original licence may remain in place.

The building may have been inspected. The alcohol licence might be valid. The sound equipment may also have been approved. But there may be no formal reassessment of whether the venue still fits the category under which it was first licensed.

In many cases, closer scrutiny comes only after a complaint or an accident.

That allows some businesses to operate for years in a form that closely resembles an entertainment venue without ever being required to enter the proper licensing system.

The licence affects more than paperwork

To customers, the distinction may seem minor. A restaurant, pub or bar can all be places where people eat, drink and listen to music.

Legally, however, the classification matters because it determines how closely the venue is regulated.

Entertainment venues face tighter restrictions on location and opening hours. They are also subject to greater scrutiny from police and administrative authorities, along with checks on whether the premises are suitable for their intended use.

Restaurant regulations were designed mainly for businesses serving food. They were not created with large late-night crowds, loud music, heavy alcohol consumption and concert-style events in mind.

When the nature of a business changes but the licence does not, the safety standards may no longer match the actual risks inside the venue.

Operators save money while customers carry the risk

Using a restaurant licence can reduce several burdens for business owners.

They may avoid entertainment zoning rules, bypass a more complicated licensing process, choose from a wider range of locations and keep legal and administrative costs lower.

But the risks do not disappear. They are passed on to customers.

As attendance grows and the use of the building changes, emergency exits, crowd management, evacuation plans and other safety measures may no longer be suitable.

Most of the time, the venue may appear to operate without difficulty. That can create a false sense of security.

When an emergency happens, the consequences come immediately. At the moment the flames go up, the wording on a licence matters far less than whether an establishment can keep its visitors and staff safe.

When nothing goes wrong, the distinction between a restaurant and an entertainment venue may seem like little more than paperwork. But when an emergency happens, the consequences come immediately. At that point, the wording on a licence matters far less than whether an establishment can keep its customers and staff safe.

Time to close the regulatory gap

The Lat Phrao fire must prompt a wider review of how these businesses are licensed and monitored.

Authorities need to look beyond whether the original licence was legally issued. They must also determine whether the venue changed after approval and whether those changes should have triggered a fresh assessment.

When a restaurant begins operating in a way that meets the definition of an entertainment venue under Section 3 of the Entertainment Place Act, there must be a clear mechanism for reviewing its status.

Businesses that meet the criteria must then be brought into the entertainment venue licensing system, both to protect customers and to ensure fairness to operators already complying with the stricter rules.

Relevant agencies also need to connect their licensing and inspection records. Local authorities, administrative officials, police, building-control agencies and public health departments may each hold part of the picture, but no one sees the whole operation when that information remains fragmented.

Ultimately, the question is not only whether the operator broke the law, but whether the state itself has created the conditions for some businesses to exploit legal loopholes, evade stricter safety standards and push the full burden of that risk onto their customers

If so, the Lat Phrao fire cannot be viewed solely as an isolated accident. It may also be the foreseeable result of a regulatory system that allowed a venue to present itself as a restaurant while operating, in practice, as a large pub or entertainment venue, without requiring its safety standards to reflect the real risks inside.

This article has been adapted from Jiraporn Chanrueng’s piece in Matichon Online for an English audience. Read the original thai version here.