LIQUOR CONTROL ACT 1988 - SECT 58
LIQUOR CONTROL ACT 1988 - SECT 58
58 . Wholesaler’s licence, effect and conditions of
(1) Subject to this
Act, the licensee of a wholesaler’s licence is, during permitted hours,
authorised to sell packaged liquor on or from the licensed premises, in an
aggregate quantity per person of not less than 4 L, to any person for
consumption off the premises.
(1a) Notwithstanding
subsection (1), the licensee of a wholesaler’s licence may sell liquor
in an aggregate quantity of less than 9 L to —
(a) a
person who is a liquor merchant or is otherwise authorised by law to sell
liquor; or
(b) any
employee of the licensee.
(2) The licensee of a
wholesaler’s licence is authorised to supply liquor, by way of free
sample, for consumption on a part of the licensed premises approved for the
purpose by the Director.
[(2a) deleted]
(3) Every
wholesaler’s licence is subject to the condition that —
(a)
liquor may only be sold to a person during the permitted hours applicable to a
liquor store licence, other than —
(i)
as ship’s stores; or
(ii)
to a person who is a liquor merchant or is otherwise
authorised by law to sell liquor; or
(iii)
to a person who is not resident in Australia where
delivery of the liquor is to be effected outside Australia;
and
(b) the
business conducted must consist, primarily and predominantly and to at least
90% of the licensee’s gross turnover from the sale of liquor in each
financial year, of selling liquor to liquor merchants or other persons
authorised by law to sell liquor.
(4) For the purposes
of subsection (3)(b), any amount derived by a licensee from the sale of liquor
—
(a) as
ships’ stores; or
(b) to
an employee of the licensee; or
(c) to a
person who is not resident in Australia where delivery of the liquor is to be
effected outside Australia,
shall not be taken
into account in calculating gross turnover.
[Section 58 amended: No. 56 of 1997 s. 26(4); No.
12 of 1998 s. 38; No. 73 of 2006 s. 42; No. 35 of 2015 s. 7; No. 9 of 2018
s. 30.]