New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 33

33 Producers--authorisation conferred by licence

(1) A producer/wholesaler licence authorises the licensee, if the licensee carries on business as a wine producer, as a producer of cider, perry or mead, as a producer of beer or spirits or as a primary producer--

(a) to sell the licensee's product by wholesale, at any time on the licensed premises, to persons authorised to sell liquor (whether by wholesale or by retail), and

(b) to sell the licensee's product by retail on the licensed premises, for consumption away from the licensed premises only and only if it is supplied in sealed containers, on any day of the week during the standard trading period for that day or during such other period as may be authorised by an extended trading authorisation, and

(c) to sell or supply the licensee's product, at any time on the licensed premises, to customers or intending customers for consumption while on the licensed premises, but only for the purposes of tasting, and

(d) to sell or supply the licensee's product at an industry show, but only if the local police and the Authority have been notified, in accordance with the regulations, about the industry show by the organiser of the show at least 7 days before it is held, and

(e) to sell or supply the licensee's product at a producers' market or fair, but only if the local police and the Authority have been notified, in accordance with the regulations, about the market or fair by the organiser of the market or fair at least 7 days before it is held, and

(f) to sell or supply the licensee's product at any time on the licensed premises to the employees of the licensee or of a related corporation of the licensee, and

(g) to sell or supply liquor in accordance with a drink on-premises authorisation.

Note : See section 50(2) for trading hours in relation to drink on-premises authorisations.

(2) The authorisation conferred by subsection (1) does not apply unless the primary purpose of the business or activity carried out on the licensed premises is the sale or supply of wine, or the sale or supply of cider, perry or mead, or the sale or supply of beer or spirits, that is the licensee's product.

(3) For the purposes of this section, a product is the
"licensee's product" if--

(a) in the case of wine or cider, perry or mead--it has been produced on the licensed premises (or a vineyard related to the licensed premises) from fruit grown or honey produced on the licensed premises or vineyard, or

(b) in the case only of wine--it is uniquely the licensee's (or a related corporation of the licensee's) own product, but only if that product contains not less than a percentage of wine, as prescribed by the regulations, that has been produced--

(i) by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises or a vineyard related to the licensed premises, or

(ii) on the licensee's behalf from fruit grown on the licensed premises or a vineyard related to the licensed premises, or

(c) in the case only of cider, perry or mead--it is uniquely the licensee's (or a related corporation of the licensee's) own product that has been produced--

(i) by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises, or

(ii) on the licensee's behalf from fruit grown or honey produced by the licensee, or

(d) for beer or spirits--it is uniquely the licensee's own product, or the own product of a related corporation of the licensee, and--

(i) the product has been produced on the licensed premises, or

(ii) the licensee has a financial interest in the production, including if the product has been produced by or under the direction of the licensee or a related corporation of the licensee, and the licensee or related corporation has assumed the financial risk of the production, or

(e) the liquor product is uniquely the licensee's own product because--

(i) the licensee is a primary producer, and

(ii) the plants, fungi or other products, or part of the products, produced by the licensee are a characteristic ingredient of the liquor product.

Example--: a truffle manufacturer who uses truffles grown by the manufacturer to blend with a spirit distilled by another person to create a unique truffle spirit that is the truffle manufacturer's own product

(4) For the purposes of subsection (3), a vineyard is
"related" to licensed premises if it--

(a) is operated by the licensee (or a related corporation of the licensee), and

(b) is within 500 metres of the licensed premises.

(5) In this section--

"industry show" means a wine, beer, spirits or other liquor show at which liquor products are promoted and that is held by an industry association.

"primary producer" means a person who cultivates--

(a) plants or fungi, or

(b) the products or parts of plants or fungi.

"producers' market or fair" means an event primarily held to promote and sell produce from--

(a) the hospitality industry, or

(b) a particular region.