COMMENT | Local governments could not at their whims and fancies ban the sale of liquor and alcoholic drinks, even in majority Malay areas, as it was in contravention or ultra vires the Federal Constitution and specific federal laws.

There is already a specific Excise Duty Act 1976 (governing liquor sales) under federal law prohibiting the retail sales of any intoxicating liquor unless they have obtained approval or licensed under the said Act.

“Intoxicating liquor” includes any liquid containing more than two per cent of proof spirit.

The local government by-laws or regulations cannot bypass, supersede or overrule, or simply impose another condition on and above a federal licence approved under federal laws unless it is a matter not specifically governed and provided by another federal law.