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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Liquor Licensing (Producers, Responsible Service and
Other Matters) Amendment Bill 2009
A BILL FOR
An Act to amend the Liquor Licensing Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Liquor Licensing
Act 1997
4 Amendment of section
4—Interpretation
5 Insertion of section
11A
11A Commissioner's codes of practice
6 Amendment
of section 39—Producer's licence
7 Amendment of section
42—Mandatory conditions
8 Amendment of section 45—Compliance with
licence conditions
9 Amendment of section 48—Plurality of
licences
10 Amendment of section 51—Form of application
11 Amendment
of section 52—Certain applications to be advertised
12 Insertion of
section 52A
52A Confidentiality of certain documents and
material relevant to application
13 Insertion of section
62A
62A Removal of producer's licence in respect of
outlet
14 Insertion of Part 4 Division 4A
Division 4A—Addition of outlets to producer's
licence
62B Addition of outlets to producer's
licence
62C Certificate of approval for addition to
producer's licence of proposed premises as outlet
15 Amendment of
section 68—Alteration and redefinition of licensed
premises
16 Insertion of Part 4 Division 8A
Division 8A—Alteration of producer's event
endorsement
69A Alteration of producer's event
endorsement
17 Amendment of section 97—Supervision and
management of licensee's business
18 Amendment of section 100—Supply of
liquor to lodgers
19 Amendment of section 101—Record of
lodgers
20 Amendment of section 102—Restriction on taking liquor from
licensed premises
21 Amendment of section 103—Restriction on
consumption of liquor in, and taking liquor from, licensed
premises
22 Amendment of section 104—Liquor may be brought onto, and
removed from, licensed premises in certain cases
23 Amendment of section
105—Entertainment on licensed premises
24 Amendment of section
108—Liquor not to be sold or supplied to intoxicated
persons
25 Amendment of section 109—Copy of licence to be kept on
licensed premises
26 Amendment of section 109B—Returns
27 Amendment
of section 110—Sale of liquor to minors
28 Amendment of section
113—Notice to be erected
29 Amendment of section 124—Power to
refuse entry or remove intoxicated persons or persons guilty of offensive
behaviour
30 Amendment of section 131—Control of consumption etc of
liquor in public places
31 Insertion of Part 10A
Part 10A—Prohibition of manufacture, sale or supply of certain
liquor
131AA Prohibition of manufacture, sale or supply of
certain liquor
32 Substitution of section
131A
131A Failing to leave licensed premises on
request
33 Amendment of section 138—Regulations
Schedule 1—Transitional provisions
1 Certain
existing special circumstances licences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Liquor Licensing (Producers, Responsible
Service and Other Matters) Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Liquor Licensing
Act 1997
4—Amendment of
section 4—Interpretation
(1) Section 4—after the definition of close associate
insert:
collective outlet—see section 39(1c);
(2) Section 4—after the definition of premises
insert:
producer's event endorsement—see section
39(1d);
production outlet—see section 39(1a);
(3) Section 4—after the definition of retail licence
insert:
retail outlet—see section 39(1a);
sample—an amount of liquor of a particular kind will
not be considered to be a sample if it exceeds the prescribed amount for that
kind of liquor;
After section 11 insert:
11A—Commissioner's codes of
practice
(1) For the purposes of this Act, the Commissioner may, by notice in the
Gazette, publish a code of practice that has been approved by the
Minister.
(2) A code of practice may include measures designed for any of the
following purposes:
(a) to minimise the harmful and hazardous use of liquor or promote
responsible attitudes in relation to the promotion, sale, supply and consumption
of liquor;
Examples—
• Measures requiring staff to undertake specified
accredited training.
• Measures prohibiting advertising of liquor in a
manner likely to result in the liquor having a special appeal to minors or being
mistaken for confectionery or non-alcoholic beverage.
• Measures otherwise regulating advertising of
liquor or licensed premises or schemes for the promotion of liquor or licensed
premises.
• Measures requiring steps to be taken to prevent
liquor from being sold or supplied to intoxicated persons.
(b) to minimise offence, annoyance, disturbance or inconvenience to people
who reside, work or worship in the vicinity of licensed premises, or to minimise
prejudice to the safety or welfare of children attending kindergarten, primary
school or secondary school in the vicinity of licensed premises, resulting from
activities on the licensed premises, or the conduct of people making their way
to or from the licensed premises;
(c) to prevent offensive behaviour on licensed premises (including
offensive behaviour by persons providing or purporting to provide entertainment
(whether live or not) on the licensed premises);
(d) to protect the safety, health or welfare of customers, staff or
both;
(e) to protect the safety, health or welfare of minors on licensed
premises;
(f) to ensure public order and safety at events expected to attract large
crowds;
(g) to otherwise promote compliance with the provisions and objects of
this Act.
(3) A code of practice may be of general or limited application and may
vary in operation according to factors stated in the code.
(4) The Commissioner may, by subsequent notice in the Gazette, vary or
revoke a code of practice.
(5) A notice published in the Gazette under this section may come into
operation on the day on which it is published or on a later day or days
specified in the notice.
(6) Sections 10 and 10A of the Subordinate Legislation
Act 1978 apply to a notice published in the Gazette under this section
as if it were a regulation within the meaning of that Act.
6—Amendment
of section 39—Producer's licence
(1) Section 39(1)—delete the subsection and substitute:
(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) Section 39(2)(c)—after subparagraph (ii) insert:
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,
(3) Section 39(3)—delete subsection (3) and substitute:
(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 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.
7—Amendment of
section 42—Mandatory conditions
Section 42(1)—delete subsection (1) and substitute:
(1) It is a condition of every licence that the licensee must comply with
the Commissioner's codes of practice (see section 11A).
8—Amendment of
section 45—Compliance with licence conditions
Section 45—at the foot of the section insert:
Maximum penalty:
(a) in the case of the licensee—$10 000;
(b) in any other case—$2 500.
Expiation fee: for an offence of a kind prescribed by the
regulations—
(a) in the case of the licensee—$1 200;
(b) in any other case—$210.
9—Amendment of
section 48—Plurality of licences
Section 48(3)—after paragraph (c) insert:
and
(d) 2 or more producer's licences may be granted for the same premises
constituting a collective outlet.
10—Amendment of
section 51—Form of application
Section 51(1)(b)—after "regulations" insert:
and any documents or material required by the Commissioner
11—Amendment of
section 52—Certain applications to be advertised
Section 52—after subsection (2) insert:
(2a) A notice under subsection (2) must specify that the application and
certain documents and material relevant to the application may be inspected at a
place and during a period specified by the Commissioner.
After section 52 insert:
52A—Confidentiality of certain documents and
material relevant to application
(1) Subject to this section, the Commissioner must make available for
inspection by any person with a genuine interest an application required to be
advertised under this Act and any documents and material produced to the
licensing authority under this Act relevant to the application.
(2) The Commissioner may, in his or her absolute discretion, exclude from
inspection information that the Commissioner considers to be—
(a) personal information of a confidential nature; or
(b) information that has a commercial or other value that would be, or
could reasonably be expected to be, destroyed or diminished if the information
were disclosed; or
(c) information the disclosure of which would, or could reasonably be
expected to, prejudice the commercial position of a person or confer a
commercial advantage on a person; or
(d) information the disclosure of which would be contrary to the public
interest for any other reason.
(3) A person who inspects an application, a document or material under
this section must not use information contained in the application, document or
material for a purpose other than objecting to the application, or intervening
in proceedings, under this Act and must not disclose that information to another
person except for that purpose.
Maximum penalty: $10 000.
(4) A person who gains access to information (whether properly or
improperly and whether directly or indirectly) as a result of the inspection of
an application, a document or material under this section by another person must
not use the information for a purpose other than that for which the person
inspecting the application, document or material may lawfully use it.
Maximum penalty: $10 000.
After section 62 insert:
62A—Removal of producer's licence in respect of
outlet
An application for removal of a producer's licence in respect of a
production outlet to a different production outlet or in respect of a retail
outlet to a different retail outlet is to be dealt with as an application for
the removal of the licence to premises or proposed premises under this Division
(even if the licence is not removed in respect of some other outlet).
14—Insertion of
Part 4 Division 4A
After Part 4 Division 4 insert:
Division 4A—Addition of outlets to producer's
licence
62B—Addition of outlets to producer's
licence
(1) An applicant for the addition to a producer's licence of premises or
proposed premises as a production outlet or retail outlet must satisfy the
licensing authority—
(a) that the premises sought to be added are, or, in the case of premises
not yet constructed, will be, of an appropriate standard for carrying on
business under the licence; and
(b) that the addition of the premises to the licence would be
unlikely—
(i) to result in undue offence, annoyance, disturbance or inconvenience to
people who reside, work or worship in the vicinity of the premises; or
(ii) to prejudice the safety or welfare of children attending
kindergarten, primary school or secondary school in the vicinity of the
premises.
(2) An application for the addition to a producer's licence of premises or
proposed premises as a production outlet or retail outlet cannot be granted
unless the licensing authority is satisfied—
(a) that any approvals, consents or exemptions that are required under the
law relating to planning to permit the use of the premises or proposed premises
for the sale of liquor have been obtained; and
(b) that any approvals, consents or exemptions that are required by law
for carrying out of building work before the removal of the licence takes effect
have been obtained; and
(c) that any other relevant approvals, consents and exemptions required
for carrying on the proposed business from the premises have been
obtained.
(3) If adding a production outlet or retail outlet to a producer's licence
would result in the establishment of a collective outlet or an increase in the
number of licensees for whom the outlet constitutes a collective outlet, the
licensing authority must not grant the application for the addition if of the
opinion that the trade to be authorised at the outlet 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.
62C—Certificate of approval for addition to
producer's licence of proposed premises as outlet
(1) The licensing authority may refuse an application for the addition to
a producer's licence of proposed premises as a production outlet or retail
outlet having regard to the extent to which the proposed premises are
uncompleted but may, instead, grant a certificate (a certificate of
approval) approving the plans submitted by the applicant in respect of
the proposed premises if satisfied that any approvals, consents or exemptions
that are required under the law relating to planning to permit the use of the
proposed premises for the sale of liquor have been obtained.
(2) A certificate of approval—
(a) may be granted on conditions the licensing authority thinks fit;
and
(b) may include a statement of conditions to which, in the opinion of the
licensing authority, the licence should be subject on the addition of the
premises (either in addition to, or in substitution for, existing conditions of
the licence).
(3) If—
(a) a certificate has been granted under subsection (1);
and
(b) the holder of the certificate satisfies the licensing
authority—
(i) that the conditions (if any) on which the certificate was granted have
been complied with; and
(ii) that the premises have been completed in accordance with plans
approved by the licensing authority on the grant of the certificate or a
variation of those plans later approved by the licensing authority,
the new premises must be added to the licence and, if the certificate of
approval provides for the addition or substitution of conditions, the licence
then becomes subject to the new conditions in accordance with the terms of the
certificate.
(4) A transaction under which the holder of a certificate of approval
agrees to the transfer of the certificate for a monetary or other consideration
is void unless the proposed transfer is to a close associate.
15—Amendment of
section 68—Alteration and redefinition of licensed
premises
Section 68(1)—after paragraph (c) insert:
(d) in the case of a producer's licence—remove a production outlet
or retail outlet from the licensed premises.
16—Insertion of
Part 4 Division 8A
After Part 4 Division 8 insert:
Division 8A—Alteration of producer's event
endorsement
69A—Alteration of producer's event
endorsement
The licensing authority may, on the application of the holder of a
producer's licence with a producer's event endorsement, alter the terms of the
endorsement.
17—Amendment of
section 97—Supervision and management of licensee's
business
Section 97(5)—after the penalty provision insert:
Expiation fee: $160.
18—Amendment of
section 100—Supply of liquor to lodgers
Section 100(2)—at the foot of subsection (2) insert:
Maximum penalty:
(a) in the case of the licensee—$10 000;
(b) in the case of a lodger—$2 500.
Expiation fee: for an offence of contravening conditions prescribed by
subsection (1)(a)—
(a) in the case of the licensee—$1 200;
(b) in the case of a lodger—$210.
19—Amendment of
section 101—Record of lodgers
Section 101(3)—at the foot of subsection (3) insert:
Maximum penalty: $10 000.
Expiation fee: $1 200.
20—Amendment of
section 102—Restriction on taking liquor from licensed
premises
Section 102(1)—at the foot of subsection (1) insert:
Maximum penalty: $2 500.
Expiation fee: $210.
21—Amendment of
section 103—Restriction on consumption of liquor in, and taking liquor
from, licensed premises
Section 103(1)—at the foot of subsection (1) insert:
Maximum penalty: $2 500.
Expiation fee: $210.
22—Amendment of
section 104—Liquor may be brought onto, and removed from, licensed
premises in certain cases
Section 104(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) to bring liquor onto the licensed premises, with the consent of the
licensee, intending that it be consumed with or ancillary to a meal provided by
the licensee on the licensed premises and later to take from the licensed
premises the unconsumed portion of liquor so brought onto the licensed premises
in the container in which it was brought onto the licensed premises;
or
(b) if a bottle of wine has been purchased on the licensed premises by the
person intending that the wine be consumed with or ancillary to a meal provided
by the licensee on the licensed premises, to take from the licensed premises the
unconsumed portion of wine so purchased in the bottle in which it was
purchased.
23—Amendment of
section 105—Entertainment on licensed premises
(1) Section 105(1)—delete subsection (1) and substitute:
(1) A licensee must not use any part of the licensed premises, or any area
adjacent to the licensed premises, for the purpose of providing entertainment
unless—
(a) the consent of the licensing authority has been obtained;
and
(b) in the case of a licence that authorises the sale or supply of liquor
for consumption on the licensed premises—
(i) the licensed premises are, at all times while the entertainment is
being provided, open for the sale or supply of liquor for consumption on the
licensed premises under the licence; or
(ii) the terms of the consent of the licensing authority expressly allow
the provision of entertainment in circumstances in which the licensed premises
are not open for the sale or supply of liquor for consumption on the licensed
premises under the licence.
(2) Section 105(5)—at the foot of subsection (5) insert:
Maximum penalty: $10 000.
Expiation fee: $1 200.
24—Amendment of
section 108—Liquor not to be sold or supplied to intoxicated
persons
Section 108(1)—delete subsection (1) and substitute:
(1) If—
(a) liquor is sold or supplied on licensed premises to an intoxicated
person; or
(b) liquor is sold or supplied on licensed premises to a person in
circumstances in which the person's speech, balance, coordination or behaviour
is noticeably impaired and it is reasonable to believe that the impairment is
the result of the consumption of liquor,
the licensee, the responsible person for the licensed premises and the
person by whom the liquor is sold or supplied are each guilty of an
offence.
Maximum penalty: $20 000.
25—Amendment of
section 109—Copy of licence to be kept on licensed
premises
Section 109(2)—at the foot of subsection (2) insert:
Maximum penalty: $10 000.
Expiation fee: $1 200.
26—Amendment of
section 109B—Returns
Section 109B(3)—delete the expiation fee provision at the foot of
subsection (3) and substitute:
Expiation fee: for an offence against paragraph (a)—$315.
27—Amendment of
section 110—Sale of liquor to minors
(1) Section 110(3)(a)—after "age" insert:
that complies with the requirements of the regulations
(2) Section 110(5)(a)(ii)(C)—delete "licensed premises" and
substitute:
licensee
28—Amendment of
section 113—Notice to be erected
Section 113(2)—at the foot of subsection (2) insert:
Maximum penalty: $10 000.
Expiation fee: $1 200.
29—Amendment of
section 124—Power to refuse entry or remove intoxicated persons or persons
guilty of offensive behaviour
(1) Section 124(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) An authorised person may, if necessary, use reasonable force to remove
a person from, or prevent the entry of a person onto, licensed premises
if—
(a) the person is intoxicated; or
(b) the person's speech, balance, coordination or behaviour is noticeably
impaired and it is reasonable to believe that the impairment is the result of
the consumption of liquor; or
(c) the person is behaving in an offensive or disorderly manner.
(2) An authorised person may, if necessary, use reasonable force to remove
a person from licensed premises if the authorised person reasonably suspects
that the person has supplied, or is about to supply, liquor to another person on
the licensed premises in circumstances in which—
(a) that other person is intoxicated; or
(b) that other person's speech, balance, coordination or behaviour is
noticeably impaired and it is reasonable to believe that the impairment is the
result of the consumption of liquor.
(2a) If a licensee or a responsible person for licensed premises requests
a police officer to exercise a power conferred by this section in relation to a
person, the police officer must do so if satisfied that the power may be
exercised in relation to the person under this section.
(2) Section 124(3)—delete "subsection (1)" and substitute:
this section
30—Amendment of
section 131—Control of consumption etc of liquor in public
places
Section 131—after subsection (2) insert:
(3) If, in proceedings for an offence against subsection (1) constituted
of the possession of liquor, the question arises as to whether the possession
was lawful under section 104, the onus of proving that the possession was lawful
lies on the defendant.
After Part 10 insert:
Part 10A—Prohibition of manufacture, sale or supply
of certain liquor
131AA—Prohibition of manufacture, sale or supply of
certain liquor
(1) A person must not, in the course of a trade or business, manufacture,
sell or supply liquor to which this section applies.
Maximum penalty: $10 000.
(2) This section applies to such liquor as may be
declared—
(a) by the Minister by notice in the Gazette; or
(b) by the regulations.
(3) A declaration may only be made under this section if the Minister is
satisfied that, because of its name, design or packaging or for any other
reason, the liquor is likely to have a special appeal to minors or be confused
with confectionery or non-alcoholic beverage.
(4) A notice under subsection (2)(a) expires 42 days after it comes
into operation or on such earlier day as is specified by the Minister in the
notice or by subsequent notice in the Gazette.
(5) Before a regulation is made under subsection (2)(b) in relation
to liquor, the Minister must give manufacturers, importers and distributors of
the liquor known to the Minister at least 7 days within which to comment on the
proposed regulation (but failure to do so does not affect the validity of the
regulation).
32—Substitution of
section 131A
Section 131A—delete the section and substitute:
131A—Failing to leave licensed premises on
request
(1) If a person to whom this section applies fails, without reasonable
excuse, to leave licensed premises immediately on being requested to do so by an
authorised person, the person is guilty of an offence.
Maximum penalty: $1 250.
(2) This section applies to a person who is on licensed premises
if—
(a) the person is under the age of 18 years and is on the licensed
premises for the purpose of consuming liquor in contravention of this Act;
or
(b) the person is intoxicated; or
(c) the person's speech, balance, coordination or behaviour is noticeably
impaired and it is reasonable to believe that the impairment is the result of
the consumption of liquor; or
(d) it is reasonable to suspect that the person has supplied, or is about
to supply, liquor to another person on the licensed premises in circumstances in
which—
(i) that other person is intoxicated; or
(ii) that other person's speech, balance, coordination or behaviour is
noticeably impaired and it is reasonable to believe that the impairment is the
result of the consumption of liquor; or
(e) the person is behaving in an offensive or disorderly manner;
or
(f) the person is barred from the licensed premises under Part 9 Division
3; or
(g) the person's presence on the licensed premises is otherwise in
contravention of this Act.
33—Amendment of
section 138—Regulations
Section 138—after subsection (3) insert:
(4) A regulation may prescribe an expiation fee for an alleged offence
against the regulations not exceeding—
(a) if the alleged offender is, or was at the time of the offence, a
licensee, a responsible person for licensed premises or an officer of a trust or
corporate entity that holds a licence—$1 200; or
(b) in any other case—$160.
Schedule
1—Transitional provisions
1—Certain existing
special circumstances licences
(1) If a special circumstances licence in force under the Liquor
Licensing Act 1997 immediately before the commencement of
section 6 of this Act authorises the licensee to sell the licensee's
product (within the meaning of section 39 of the Liquor Licensing
Act 1997) on the licensed premises at any time for consumption off the
licensed premises, the licence will lapse 2 years after that commencement unless
within that period the licensing authority, on application by the
licensee—
(a) converts the licence into a producer's licence; or
(b) confirms that the licence may continue in force as a special
circumstances licence.
(2) The licensing authority may not confirm that a licence may continue in
force as a special circumstances licence unless satisfied by the licensee
that—
(a) a producer's licence (either with or without an extended trading
authorisation) could not adequately cover the kind of business authorised by the
licensee's special circumstances licence; and
(b) the licensee's business would be substantially prejudiced if the
licensee's trading rights were limited to those possible under a producer's
licence.