LIQUOR LICENSING > PRODUCERS LICENCE
A producer’s licence authorises the sale of liquor produced by the licensee at any time:
- on the licensed premises for consumption off the licensed premises.
- to a diner for consumption with or ancillary to a meal provided by the licensee.
The licensee is also permitted to sell or supply liquor by way of sample for consumption on the licensed premises.
Where the licensee operates from a home office, Consumer and Business Service suggest that the applicant speak with the local council first to see what their development and planning approvals permit.
This licence also permits the licensee to sell liquor at any time through direct sales transactions. If liquor is to be delivered to an address in South Australia, it must be delivered between the hours of 8am and 9pm on any day.
A licensee can only sell liquor that is uniquely the licensee’s own product. If the licensee is a related body corporate then liquor produced by the related body corporate can be sold.
Wine must be produced by one of the following methods:
- fermenting by or under the direction of the licensee and is uniquely the licensee’s own product
- blending wine that has been produced from Australian primary produce with a substantial proportion of wine fermented by or under the direction of the licensee and is uniquely the licensee’s own product. The licensee must assume the financial risk of the production.
Beer, spirits and other liquor must be produced or brewed by or under the direction of the licensee and is uniquely the licensee’s own product.
If the production of any liquor is contracted out, the licensee needs to ensure that the liquor is produced under their direction and is uniquely their product.
The licensee must assume all financial risk, for example the lease and/or purchase of vineyards, tanks and barrels.
A producer’s licence allows the licensee to trade at any time for the sale or supply of liquor. However, if liquor is to be delivered to an address in South Australia, it must be delivered between the hours of 8am and 9pm on any day.
When delivering the liquor, the licensee must ensure that:
- the liquor is not delivered to unattended premises (as this increases the risk of accessibility to minors)
- the liquor is delivered to the purchaser or a person nominated by the purchaser. In either case the person must be over the age of 18 (if there is any doubt about the age of the person, identification must be requested).
An applicant for a producers licence or an existing licence holder can apply to Consumer and Business Services for any of the following consents:
Prescribed entertainment consent
If a licensee intends to provide prescribed entertainment on the licensed premises, the licensee must apply for a Prescribed entertainment consent (PDF 257KB).
Extension of trading area
If a licensee intends to trade in an area adjacent to the licensed premises, then an application for an extension of trading area (PDF 184KB) is required for example selling or supplying liquor with meals on the footpath adjacent to the premises
An applicant for a producer’s licence or an existing licence holder can apply to Consumer and Business Services for any of the following exemptions:
An approved responsible person is required to be on the licensed premises during operating times. However, section 97(2) of the Liquor Licensing Act 1997 allows for an exemption or conditional exemption from this requirement.
When determining whether an exemption is appropriate, the licensing authority must be satisfied as to the limited scope of the business.
Dispatch of liquor from licensed premises
A licensee must dispatch liquor from the licensed premises. However, the licensing authority can give an exemption from this requirement. An example of this is where the licensed premises is an office and liquor is delivered from the warehouse where it is stored.
A producer’s licence may apply to:
- Premises that the licensee currently uses, or will use in the near future for the production of liquor
- Premises adjacent to such premises or other premises approved by the licensing authority
Consumer and Business Services must be satisfied that the premises are suitable to be licensed. For example, the premises must have sufficient toilet, hand washing and dish washing facilities, and comply with other building regulations, planning approvals and council consents.
- Environmental Protection Agency (E.P.A.) considerations may apply.
- All breweries and distilleries require Commonwealth certification. See Australian Taxation Office (excise).
The applicant must also show that the operation of the licence would not cause undue offence, annoyance, disturbance, or inconvenience to those who work, worship, or reside in the area or that the safety or welfare of children attending kindergarten or school in the vicinity of the proposed licensed premises would not be prejudiced.
An Applicant must satisfy the licensing authority that they are fit and proper persons to hold a licence and will need to complete a Personal Information Declaration (PDF 120KB). Relevant knowledge, skills and experience, the results of a police check and creditworthiness will be taken into consideration.
If an application is made for a producer’s licence where the proposed premises are incomplete the licensing authority may grant a certificate subject to any conditions considered appropriate. The licensing authority will grant the producer’s licence once the applicant can satisfy the authority that the conditions have been met and the premises have been completed in accordance with the plans lodged.
How to apply
Applicants may wish to contact a solicitor, relevant industry association or any other person approved by the Commissioner before making an application.
- All the relevant forms and other documentation will need to be lodged meeting the minimum requirements when making an application.
- Once the minimum requirements and documents have been received by Consumer and Business Services, applicants will be informed of the hearing date for the application.
When lodging an application all the people involved in the business, for example, all partners, must be included on the application.
- If the business is a company the application should be made in the company name. Where an individual runs the business, the individual is the applicant.
- All documentation such as leases and finance agreements must be in the name of the applicant.
Lodgement guide (PDF 280KB) – information on making an application for a liquor licence
What to include
An application must include the following:
- Completed online iApply New Licence application form or completed new producers licence application form (PDF 116KB)
- Application fee. Note that the full application fee will be calculated for you once the application form is completed. Fees and charges (PDF 130KB)
- Two (2) plans (PDF 393KB) of the proposed premises to be uploaded with the application form
- If the applicant is a company – ASIC search extract and/or share certificates detailing current directors and shareholders of the company to be uploaded with the application form.
- Additional documents are required to be uploaded with the application form at the time of making your application, these could include:
- passport photos
- council consent
- landlord consent
- If the persons listed on the form have been previously approved by Consumer and Business Services (and not expired for more than six (6) months), you will need to supply your identification number. If you do not have pre-approval, each person listed will need to complete a Personal Identification Declaration (PID) later in this application. They will also need to supply two (2) passport size photographs.
Police and creditworthiness checks may take up to six (6) weeks to complete. If those requiring approval reside interstate or overseas, this may take longer. A hearing will not proceed until all of these documents have been received.
Lodge at least seven days before hearing date
The following documents must be lodged at least seven (7) days before the date of the hearing or your application may be delayed.
- Proof that the application has been advertised:
- provide details of the date that the notice was displayed on the licensed premises/relevant land
- provide proof that any advertising direction has been complied with.
- Evidence of development approval.
- Any other necessary Council consents.
- Details of finance:
- a copy of a bank or loan statement (if the applicant has borrowed money to finance the application)
- Certificate of registration of business name.
- in the name of the applicant.
- Copy of certificate of title.
Other documentation required (if applicable)
- If the applicant does not own the freehold:
- executed copy of lease agreement or other evidence of tenure of
- a letter of consent from the landlord.
- If the applicant is a partnership, and a partnership agreement has been executed:
- partnership agreement.
- Front page and schedule of beneficiaries relating to any trusts:
- in the case of a unit trust, the number of units held by each unit holder and whether they are held for someone else.
- Any other relevant approvals, consents or exemptions.