Section 33 Liquor Act 2007 | Wine Producers

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Section 33 of the Liquor Act 2007 (NSW) is concerned with Wine Producers and is set out below.

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The Legislation

33 Producers of wine and similar products

(1) Authorisation conferred by licence
A producer/wholesaler licence authorises the licensee, if the licensee carries on business as a wine producer or as a producer of cider, perry or mead:
(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, 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 a wine show, but only if the local police and the Authority have been notified, in accordance with the regulations, about the wine 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. 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, that is the licensee’s product.

(3) For the purposes of this section, a product is the “licensee’s product” if:
(a) 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.

(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:”producers’ market or fair” means a market or fair:
(a) at which farmers or primary producers display and sell their products directly to the public, and
(b) that is conducted in accordance with such requirements as may be prescribed by the regulations (including requirements relating to the number of stalls at the market or fair).
“wine show” means a wine show that is held by a recognised wine or vineyard association or industry association.

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