Liquor production and sales licence

When applying you'll need to meet certain requirements and provide a range of documents.

What you'll need

Application fees

Licence summary

There are three categories of licence.

Category 1

This category allows you to sell liquor you have produced:

  • to people to purchase and take away with them from your licensed premises
  • by direct sales transactions - eg online or by post.

It also allows you to sell and supply liquor that you haven’t produced but only for the purpose of sampling to compare to the liquor you produce.

For example, if you produce riesling, you may choose to provide samples of a competitor's riesling so that customers may compare your product to the competitors product.  But you cannot sell the competitor's riesling for takeaway or by direct sales transactions, or for any purpose other than for sampling and for comparison with your own product.

Your licence may be granted subject to conditions.

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.

Your licence may be granted subject to conditions.

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
    • in bulk quantities of 4.5 litres or more.

Your licence may be granted subject to conditions.

Trading hours

When applying for your licence, you may need to specify the hours during which you wish to sell liquor for consumption on the premises and for takeaway. Residents of your premises will still be able to buy liquor to consume on the premises or to take away at any time.

Trading hours may affect your annual fees.

Capacity

You'll need to specify the capacity of your premises for categories 2 and 3.

Your licence may be granted subject to conditions.

Optional additions

Collective outlet

You can apply to operate a collective cellar door together with other producers.

Apply for a collective outlet for multiple licensees to operate from one site.

Licensee consent to join collective outlet

Add an outlet

A Liquor Production and Sales licence may be able to have an an additional outlet added to their licence.

Apply to add a production, retail or wholesale outlet to your current licence.

Event endorsement

If you want to sell or supply liquor at a low risk event, such as a local market, you can apply for an event endorsement.

The Commissioner has approved a number of local markets that are covered by a single endorsement.

Endorsements cannot be granted for places that are already licensed.

Extension of trading area

If you want to sell liquor to be consumed on a footpath or similar outdoor area that is not part of your premises, you will need to apply for an extension of trading area as part of your application.

Prescribed entertainment

You'll need to apply for prescribed entertainment consent as part of your application if you want to host any entertainment that:

  • is sexually explicit
  • involves boxing or martial arts.

Having prescribed entertainment consent will affect your annual fees.

What you'll need

Documents

To apply for a liquor production and sales licence you'll need to upload these documents (a legible photo is acceptable):

The capacity of the venue may also be stated as part of your development approval or certificate of occupancy.

If you're applying as:

  • a partnership, you'll need a copy of the partnership agreement
  • a company, you'll need an Australian Securities and Investments Commission (ASIC) extract
  • a trustee of a trust, you'll need a copy of the relevant trust deed.

Positions of authority

You'll need to determine who holds a position of authority within your corporate structure or trust, and have them approved as part of your application.

Responsible persons

At all times that the venue is open for trade to the public, it will need to be supervised by a responsible person. This is:

  • the licensee
  • a director of the licensee (where the licensee is a company)
  • a person approved by the Commissioner as a responsible person.

If the person you want to supervise your venue is not approved as responsible person, you can apply for them to be approved. You can do this as part of your licence application.

If a person has already been approved under another current liquor or gaming licence in South Australia, a responsible person application is only required if their circumstances have changed since their last approval.

If the person you want to supervise your venue is already approved you don’t need to do anything further.

Anyone performing the duties a responsible person must wear an identification badge (RP badge) issued by the Commissioner.

Check if someone is approved as a responsible person (you'll need the ID number from their RP badge).

After submitting your application

After you have submitted your application you must:

  • provide a copy of the permit issued by your local council if you applied for extension of trading area - the permit must be in the applicant's name
  • provide any development approvals from council.

If you don’t have development approval but have been granted planning consent from local council and the venue isn't finished, the Commissioner can grant you a certificate and then grant the licence once the venue is complete. There is no additional application to convert your certificate into a licence.

The documents must be lodged seven days before the date that your application will be considered. You'll be advised of this date after you submit your application.

What happens next

You can log in to LGO at any time to track the progress of your application.

Some applications are sent to  the South Australia Police Licensing Enforcement Branch.

Some are also required to be advertised.

CBS will advise you of the next steps and what you need to do.

Submissions and interventions

If your application needs to be advertised, anyone will be able to submit their concerns and object to the application.

For example, if your neighbours think your business is going to be noisy or if they are concerned your business will have an impact on the neighbourhood they may consider lodging a submission with the commissioner.

The police may also intervene in your application if they have concerns about public safety and disturbance or the fitness and propriety of any person holding the licence.

If all the approvals are in place and there are no concerns raised by any member of the public (submissions) or police (interventions), the application process will take approximately six to eight weeks.

Submissions or interventions must be lodged at least seven days before the determination date.

If anyone submits a concern regarding your application you will receive a copy.

You may then be asked to submit a response to the commissioner.

In some rare circumstances, you may also be asked to:

  • take part in a conciliation conference with SAPOL (or anyone else who submitted their concerns) and the commissioner or a delegate
  • attend a hearing before the Licensing Court.

When determining a matter, the commissioner or delegate must consider all submissions, interventions and responses.

Conciliation conferences and hearings

Contact CBS Liquor and Gaming

Email: liquorandgaming@sa.gov.au

Phone: 131 882

Post:
GPO Box 2169
Adelaide SA 5001


Related information

Other websites


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Page last updated 29 March 2021

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/business-and-trade/liquor/apply/production-and-sales
Last Updated:
29/03/21
Printed on:
18/04/21
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2021
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