South Australian Consolidated Acts South Australian Consolidated Acts (1) A producer's
licence authorises the licensee—
(a) to
sell the licensee's product on the licensed premises at any time for
consumption off the licensed premises; and
(b) to
sell the licensee's product at any time through direct sales transactions; and
(c) if
the conditions of the licence so provide—to sell or supply by way of
sample for consumption on a part of the licensed premises approved for the
purposes by the licensing authority—
(i)
the licensee's product; or
(ii)
for the purposes of comparison with the licensee's
product, other liquor of the same type as the licensee's product; and
(d) if
the conditions of the licence so provide—to sell liquor at any time for
consumption in a designated dining area with or ancillary to a meal; and
(e) if
the conditions of the licence so provide—to sell the licensee's product
at any time for consumption on a part of the licensed premises approved for
the purposes by the licensing authority subject to restrictions specified by
the licensing authority by condition of licence.
(1a) The following
rules apply for the purposes of subsection (1):
(a) if a
licensee has production premises—the licensed premises may be comprised
of either a production outlet or retail outlet or both a production outlet and
retail outlet;
(b) if a
licensee does not have production premises—the licensed premises may
only be comprised of a retail outlet;
(c) a
production outlet must be comprised of—
(i)
the whole or a part of the licensee's production
premises; or
(ii)
premises that are adjacent to the licensee's production
premises and approved by the licensing authority for the purpose;
(d) a
retail outlet must be comprised of premises approved by the licensing
authority for the purpose;
(e) if a
licensee's production premises are in a particular wine region and are to be
used for the production of wine—any retail outlet of the licensee must
be in that wine region.
(1b) The same premises
may be shared by 2 or more licensees—
(a) as a
retail outlet for each of the licensees; or
(b) as a
production outlet for 1 licensee and as a retail outlet for the other
licensees,
but the licensing authority must not grant a licence resulting in the same
premises being so shared if of the opinion that the trade to be authorised at
the premises would, in view of the number of licensees involved or the nature
and extent of the trade or for any other reason, be better authorised by a
retail liquor merchant's licence or a licence of some other category.
(1c) To the extent
that licensees share the same premises as referred to in
subsection (1b)—
(a) the
part of the premises that is shared is referred to as a
"collective outlet"; and
(b) for
the purposes of the application of this Act to the part of the premises that
is shared, a single producer's licence will be taken to be held for that part
of the premises jointly by the licensees.
(1d) The licensing
authority may endorse a producer's licence with an authorisation to sell or
supply the licensee's product on a site specified in the endorsement during an
event specified in the endorsement for consumption on or off the site as
specified in the endorsement (a "producer's event endorsement") except
if—
(a) the
licensee does not have production premises; or
(b) the
licensing authority is of the opinion that the trade to be authorised by the
endorsement would, in view of the likely scale or nature of the event or for
any other reason, be better authorised by a limited licence or a licence of
some other category.
Note—
Licensees cannot share the same site specified in an endorsement—see
section 48(3).
(1e) If a licensee's
production premises are in a particular wine region and are to be used for the
production of wine, any site specified in a producer's event endorsement must
be in that wine region.
(1f) A producer's
licence with a producer's event endorsement authorises the licensee to sell or
supply the licensee's product in accordance with the endorsement and the
licensed premises are, for the period for which the licensee is so authorised
to sell or supply the product, to be regarded as including any site specified
in the endorsement.
(2) Liquor is to be
regarded as a licensee's product if—
(a) in
the case of beer—it was brewed by or at the direction of the licensee
(or a related body corporate) and is uniquely the licensee's (or the related
body corporate's) own product;
(b) in
the case of spirits—it was produced by or at the direction of the
licensee (or a related body corporate) and is uniquely the licensee's (or the
related body corporate's) own product;
(i)
the wine was fermented by or under the direction of the
licensee (or a related body corporate) and is uniquely the licensee's (or the
related body corporate's) own product; or
(ii)
the wine was produced by blending wine produced from
Australian primary produce and a substantial proportion of the blended wine
was fermented by or under the direction of the licensee (or a related body
corporate) and is uniquely the licensee's (or the related body corporate's)
own product; or
(iii)
the wine was produced by blending wine produced from
Australian primary produce by or at the direction of the licensee (or a
related body corporate) in accordance with, and during a period specified in,
an approval granted by the licensing authority under subsection (3) and
is uniquely the licensee's (or the related body corporate's) own product,
and the licensee (or a related body corporate) assumed the financial risk of
the production;
(d) in
the case of other liquor—it was produced by or at the direction of the
licensee (or a related body corporate) and is uniquely the licensee's (or the
related body corporate's) own product.
(3) The licensing
authority may, on application by a licensee, grant an approval for the
purposes of section 39(2)(c)(iii) if satisfied that circumstances beyond
the control of the licensee warrant the licensee being authorised to produce
wine during the period to be specified in the approval other than wine
comprised of, or including a substantial proportion of, wine fermented by or
under the direction of the licensee (or a related body corporate).
(4) For the purposes
of this section—
"licensee" means the holder of a producer's licence;
"production of liquor" includes any step in production including the growing
of grapes or other primary produce for production of liquor;
"production premises" of a licensee means premises to be occupied and used by
the licensee for the production of liquor;
"wine region" means a geographical area in relation to which a geographical
indication is in force under the Australian Wine and Brandy Corporation Act
1980 of the Commonwealth.