South Australian Consolidated Acts

LIQUOR LICENSING ACT 1997 - SECT 39

39—Producer's licence

        (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)         if the conditions of the licence so provide—to sell the licensee's product at any time for consumption in a designated dining area with or ancillary to a meal or in a specified area subject to restrictions specified by the licensing authority; and

            (ba)         to sell the licensee's product at any time through direct sales transactions; and

            (c)         to sell or supply liquor by way of sample for consumption on a part of the licensed premises approved for the purposes by the licensing authority.

        (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;

            (c)         in the case of wine—

                  (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,

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 premises for which a producer's licence is granted must be—

            (a)         premises the licensee uses, or is to use in the near future, for the production of liquor; or

            (b)         premises adjacent to such premises or other premises approved by the licensing authority.