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.
- In a designated dining area to a diner for consumption in that area with or ancillary to a meal provided by the licensee in that area or in a specified area subject to restrictions specified by the licensing authority.
The licensee is also permitted to sell or supply liquor by way of sample for consumption on a part of the licensed premises approved for that purpose by the licensing authority.
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 8 am and 9 pm on any day (other than Good Friday and Christmas Day).
A licensee can only sell liquor that is uniquely the licensee’s own product. If the licensee is a related body corporate (as defined in the Corporations Act 2001) 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; or
- 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 8 am and 9 pm on any day (other than Good Friday and Christmas 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:
If a licensee intends to provide entertainment on the licensed premises, either prior to 11 am or after Midnight on any day, the licensee must apply for an Entertainment consent.
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 is required for example selling or supplying liquor with meals on the footpath adjacent to the premises
Designated dining area
The designation of a dining area allows the sale of liquor at any time to a diner for consumption with or ancillary to a meal provided by the licensee in that area.
Designated sampling area
The designation of a sampling area allows the sale or supply of liquor by way of sample for consumption on a part of the licensed premises approved for that purpose by the licensing authority. Where the licence is operational from a home office, it is suggested that the applicant speak with the local council first to see what their development and planning approvals permit.
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. 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 – information on making an application for a liquor licence
What to include
- Producer’s licence application
- Producer’s licence questionnaire
- application fee – including government gazette fee for advertising
- notice of advertisement: the Form 2 Notice will be sent once the application has been lodged
- two plans of the proposed licensed premises
- if the applicant is a company – ASIC search extract and/or share certificates detailing current directors and shareholders of the company
- Personal Information Declaration (PID):
- for responsible persons
- in the case of a sole-trader or partnership: For the sole applicant or each partner
- in the case of a body corporate: For each director and shareholder
- for each director and shareholder of any shareholding company
- for each beneficiary under a trust (other than a minor)
- for any other person in a position of authority.
- two passport sized photographs for each person seeking approval.
Police and creditworthiness checks may take up to six weeks to complete. If those requiring approval reside interstate or overseas, this may take longer. It is strongly advised that Personal Information Declarations be lodged as soon as possible.
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 days before the date of the hearing or your application may be delayed.
- Proof that the application has been advertised:
- a copy of the page where the advertisement appears in The Advertiser
- a copy of the page where the advertisement appears in the local newspaper (eg Messenger)
- a copy of the notice that has been given to the local council
- a copy of the notice that has been given to the occupiers of adjacent premises or land
- 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:
- For example – Department of Transport, Urban Lands Trust, Marine and Harbours etc.
- Any agreed conditions by interested parties.