The Malaysian Insight

ALTHOUGH pubs and nightclubs have not received government approval to reopen during the Covid-19 pandemic, a few establishments have resumed operations illegally, operators in the sector said.

They also complained that, while other players have done their best to change to a restaurant business model and comply with standard operating procedures (SOPs), they continue to be penalised by law enforcement officers.

“Some operators cannot hold out for seven months without income, they also have to pay rent and salaries. Many of them feel forced to operate on the quiet,” said Khoo Kong Ek, adviser to Persatuan Pengusaha Pusat Hiburan Negeri Johor, a group of entrepreneurs in the entertainment sector.

Unlike other economic sectors, which have been allowed to reopen under the recovery movement control order (RMCO), nightclubs, pubs and entertainment centres have been closed since the MCO was imposed in March.

Khoo said some businesses felt compelled to take risks and operate illegally because they cannot sustain losses any longer.

Many in the sector also feel abandoned and neglected by the government, with no alternatives or proposals for survival offered to them.

Instead of a complete shutdown, the government could have instead proposed indicators or guidelines for the sector, such as allowing operations depending on the number of Covid-19 cases in a given district or area.

“Clubs could be allowed to reopen if there’s only a single digit case in an entire month, or zero cases in more than two weeks.

“There could be some kind of guide for us to refer, but there is nothing, and we are to just sit here and wait.

“If there is some kind of indicator, businessmen in the sector can evaluate whether they should continue to wait or close down the business or change business models,” Khoo said.

He added that the association has always stressed that operators abide by the rules, and will not be responsible or get involved if an outlet decides to operate illegally and gets penalised.

Operating by the book, but still penalised

The number of patrons hauled up and fined for going to nightclubs has been sizeable, based on figures released daily by Defence Minister and National Security Council chairman Ismail Sabri Yaakob.

They numbered in the hundreds every day, once reaching a high of more than 600, with RM1,000 fines for each person.

However, Khoo said there have been complaints from some operators that law enforcement units are not using their discretion when doing spot checks.

“It feels like some units are clamping down for the sake of suppressing the nightclub sector.”

This was apparent in the case of some clubs and pubs that changed to a restaurants business model, thus allowed to have dine-in customers.

They closed their in-house stage, stopped live music and entertainment, and tried to fulfil the standard operation procedures, but still faced action from law enforcement.

“Some clubs transformed themselves to become restaurants, but police still make things difficult for them.

Khoo said a club operator who changed his premises into a restaurant followed the SOP but police still rounded up all customers for urine testing at the police station.

“At the time of the police spot check, there were three customers who were sitting at a table meant for six people, but police still took them away.

“Then they went to the police station to have a urine test, and were ordered to pay a fine of RM1,000.

“At that time also, there was no singing or any entertainment going on in the restaurant. There was no violation of the regulations.

“The operator was innocent, did everything he could by the book, but was still fined,” said Khoo.

Another complaint of police indiscretion and heavy handed behaviour was posted on Twitter by a restaurant customer, who was rounded up in a raid at a bar and grill eatery in Bangsar.

Altogether, about 30 people were taken to the police station for compounds to be issued, without observing any social distancing.

Silence, neglect

Nightclub operators and business owners still remember Prime Minister Muhyiddin Yassin’s remarks on September 1 at the Perikatan Nasional (PN) administration’s half-year convention when he gave an update on economic sectors allowed to operate under the recovery MCO.

Noting that bars and nightclubs still remain closed, the prime minister said, most likely in jest, that it may be best if they remained shut.

It has only reinforced for Sabah-Labuan Motion Picture Traders and Entertainment Association (SLAMPTEA) president Peter Chow why the government has not said anything about helping the sector.

He said entertainment industry operators in the state did not want to deliberately break the law but wondered why the government could not, at the very least, give some indication or proposal that would help them resume business on some level.

“The government has not given any date, any clue, any solution, about when or how to resume work.”

He said operators in Sabah had hoped that by year-end, the sector could reopen again.

The September 26 state elections have now worsened the situation, turning eight districts in the state into Covid-19 red zones, with several places under conditional or enhanced MCO.

Chow said although most nightclubs in Sabah have transformed themselves into cafes or restaurants, the recent ban on dine-ins due to the spike in Covid-19 cases has dealt another blow. – October 11, 2020.