Liquor Production and Sales
This licence lets licensees sell liquor, by wholesale, retail and direct sales for consumption off and sometimes on the premises.
Key points about liquor production and sales licences
Subject to the conditions of the licence, the category authorises the licensee to:
- sell wholesale takeaway liquor from the licensed premises at any time
- sell retail takeaway liquor—excluding the licensee’s own product—in quantities of at least 4.5 litres
- sell its product by retail for consumption on the premises or for takeaway
- sell liquor at any time through direct sales transactions as long as liquor is despatched and delivered in South Australia between 8am and 9pm
- sell or supply liquor samples—including their product or for comparison with their product—for consumption on the premises
- sell liquor to a resident of the premises for consumption on or off the premises;
*Wholesale is the sale of liquor to a person who is licensed to sell liquor (other than through a limited licence).
*Retail is the sale of liquor to a person, including a limited licensee, who is not licensed to sell liquor.
There are 3 different Categories for this licence
Category 1
Subject to the conditions of the licence, this category authorises the licensee to:
- sell its product for takeaway
- sell its product at any time through direct sales transactions (such as through online sales and by mail order) as long as the liquor is being delivered in South Australia between 8am and 10pm
- sell or supply liquor samples – including their product or for comparison with their
product - sell liquor to a resident of the premises for consumption on or off the premises.
This category does not authorise the
licensee to:
- sell liquor for consumption on the premises
(except for sampling) - sell liquor that is not a product of the
Category 2
A category 2 licence allows you to sell:
- liquor you have produced:
- to people to purchase and take away with them from your licensed premises
- to people to sample or consume anywhere on the licensed premises
- by direct sales transactions – eg online or by post
- liquor you have not produced:
- to a person attending a function where food is provided
- before, during or after a meal
- to a person seated at a table.
This licence does not authorise the licensee to:
-
- Sell liquor that is not the product of the licensee for takeaway or by direct sales transactions
Category 3
A category 3 licence allows you to sell:
- liquor you have produced:
- to people to purchase and take away with them from your licensed premises
- to people to sample or consume anywhere on the premises
- by direct sales transactions- eg online or by post
- liquor you have not produced:
- by wholesale to other liquor merchants
- for consumption on the premises as long as is sold before, during or after a meal to a person attending a function where food is provided and seated at a table
- in bulk quantities of 4.5 litres or more for takeaway or by direct sales transactions
- at least 90% of the licensee’s gross turnover from the sale of liquor (other than the licensee’s product) for consumption off the licensed premises and through direct sales transactions in each financial year (excluding sales of liquor to the licensee’s own employees and sales for the delivery of liquor outside Australia) must be derived from the sale of liquor by wholesale
Liquor production and sales
Subject to the conditions of the licence, the trade authorised by this licence is unrestricted.
Licensed premises
If a licensee has production premises, it may be made up of a production, retail or wholesale outlet or a combination of these.
A production outlet must be all or part of the premises used for making liquor, or adjacent to it and approved by the licensing authority.
If a licensee does not have production premises, the licensed premises may be a retail or wholesale outlet or both.
Retail and wholesale outlets must be approved by the licensing authority.
Sharing of licensed premises
Two or more licensees may share the same premises:
- as a retail or wholesale outlet
- as a production outlet for one licensee and a retail or wholesale outlet, or both, by the other(s).
Licensees will not be granted a liquor production and sales licence at a shared premises if a packaged liquor sales or other licence is more suitable.
The joint part of the premises—the collective outlet—is treated as if a single liquor production and sales licence exists that is shared by the licensees.
Event endorsements
A licence may be endorsed to sell or supply liquor for consumption or takeaway at a specific place and event, unless the licensing authority considers a short term or other licence is a better alternative.
Once endorsed, the licensed premises includes any area specified for the duration of the event.
If your licence is currently endorsed with a market that is listed on the Commissioner’s approved market list, the market will no longer appear on your licence, instead, you will have “Approved Markets” listed on your licence. If you have “Approved Markets” listed on your licence you can attend any market contained in the list.
Licensees product
The licensing authority considers the following to be the product of the licensee:
- liquor—beer, spirits and wine—made by the licensee or their body corporate
- wine blended from Australian primary produce with a substantial proportion made by the licensee or their body corporate
In circumstances beyond the control of the licensee such as failed crop or natural disaster, the licensing authority may exempt a producer from the requirement to use a substantial amount of their own product for a specific period.
Who would require this Licence
Eligible businesses for this category of licence may include wineries, cellar-doors, micro-breweries, distillers and wholesale liquor merchants.