A COVID-19 standard operating procedure (SOP) on the playing of background music is causing confusion and headaches to food and beverage (F&B) operators, some of whom have been fined RM25,000 each, in Selangor.

There is a lack of alignment between the SOP issued by the National Security Council (NSC) and local by-laws on playing music in eateries, Restaurant and Bistro Owners Association vice-president Jeremy Lim said.

The association represents 500 members in the F&B industry.

The NSC guideline allows for the playing of recordings and live broadcasts for entertainment and informational purposes for states in Phase 4 of the National Recovery Plan. However, it is not specific to restaurants.

Because of this, F&B operators have turned the music up at their outlets, but some have been fined by enforcement officers as it apparently breaches laws in Selangor.

Lim said these business owners are frustrated as they now face heavy fines after finally being allowed to operate following a prolonged lockdown.

“Everyone has their own priorities,” he told The Malaysian Insight, but the state-level rule seems to be misaligned with federal objectives.

He said playing background music has nothing to do with curbing the spread of Covid-19, yet it has become a source of great frustration for association members who have been fined.

“Some state councils are misaligned in terms of communication. The federal government says you can (play music), but the state says you can only eat, no background music.

“We have been fighting this problem, and it has been irritating.”

The NSC guideline allows for the broadcast of live-streamed and recorded content for entertainment and informational purposes, and busking for states in Phase 4. However, it does not specify where these activities can be held and lumps them under “creativity industry activities and entertainment”.

Live performances are also allowed at hotel lounges and theatres as long as the attendance is via preregistration.

Lim said in this regard, association members face the toughest time in Selangor.

Enforcement officials have been using the Selangor Entertainment and Places of Entertainment Enactment 1995 (Amendment 2001) to slap F&B operators with a RM25,000 fine, he added.

“In some councils in Selangor, they have indicated that background music needs a separate license and are quoting a 1995 enactment that states all public broadcasts are entertainment unless by phone.

“They have fined our members RM25,000 for this. The worst case scenario was when a member’s license was cancelled and he was asked to close.”

He said the industry has not made any profit for almost two years, adding that he hopes the state government will understand the situation.

“We have been burdened and we need policy makers to work with us.”

To date, about four to six members have publicly spoken up about the confusing rule, while others have opted to just pay the compound, he added.

“Four members were fined for playing background music, and one fined for having a busker. This happened in the PJ Uptown and Subang areas.”

Lim said there have also been isolated incidents in Penang, Malacca and Sabah.

“In Penampang, Sabah, our members were told by local enforcement agencies that to play background music or have live buskers, they need to apply for a licence, which costs RM100 per day.”

He said the association was supposed to have a meeting with Selangor Menteri Besar Amirudin Shari in August, but it was postponed.

To date, the meeting has been postponed three times, with the last appointment initially scheduled for last Friday, he added. – October 31, 2021.