Kota Kinabalu: A 29-year-old entertainment outlet director and his company were fined a total of RM9,000 by the Magistrates’ Court here for operating a pub and bar lounge beyond its permitted hours.
Loh Yong Liang and New Deluxe KTV Sdn Bhd, represented by Loh, pleaded guilty to two separate charges before Magistrate Wan Farrah Farriza Wan Ghazali.
Loh was fined RM4,500, in default three months’ jail, for operating New Deluxe KTV at Asia City Complex beyond the hours allowed under its licence.
The premises was found operating at about 4.48am on April 18, despite being permitted to operate only until 2am on Saturdays, Sundays and public holidays.
Loh, who is the licence holder and director of New Deluxe KTV Sdn Bhd, was charged under By-law 3 of the Kota Kinabalu Municipal Council (Pub and Bar Lounge Premises) By-Laws 1984, read with By-law 19.
The company was also fined RM4,500, in default of a warrant of levy, for the same offence.
The court heard from City Hall prosecuting officer Kenny L. Chia that a team from the City Hall Licensing Department raided the premises at about 4.48am on April 18.
The licence, issued by the Mayor of Kota Kinabalu and jointly held by Loh and the company, allowed the premises to operate from 6pm to 1am from Monday to Friday and until 2am on Saturdays, Sundays and public holidays.
Chia said the premises had been raided several times previously and compounded for similar offences involving operations beyond permitted hours.
He said the manager had also previously been convicted of a similar offence, but the enforcement action had failed to prevent a repeat.
Chia urged the court to impose a deterrent sentence, saying entertainment outlets operating beyond permitted hours could contribute to social problems and other offences, including excessive noise, drug use and drink-driving.
He also pointed out that the present offence was more serious as the premises continued operating until almost 5am.
Loh, through his counsel, appealed for leniency.
He said the manager of the premises had also previously been convicted of a similar offence, but the earlier enforcement action had failed to prevent the offence from being repeated.
Chia submitted that a heavier sentence was warranted in the public interest, saying that entertainment premises operating beyond permitted hours could become a source of various social issues and further law violation including excessive noise, drug use and drink-driving.
He also said the court should take into account the prevalence of entertainment premises operating beyond their permitted hours and the recent sentencing trend for similar offences.
Chia added that the present case was more serious as the premises continued operating until almost 5am.
Loh, through a counsel, requested leniency.
