Wine Industry Act 1994

The chief executive may grant a person’s application for a licence only if the chief executive is satisfied—

for a wine producer licence—the business the person will conduct under the licence will involve—

selling wine made from fruit grown by the person on the premises to which the licence will relate; or

selling wine made by the person on the premises to which the licence will relate; and

for a wine merchant licence—the business the person will conduct under the licence is not a business mentioned in paragraph (a) but is a business that will contribute to the Queensland wine industry in a substantial way; and

the person is a suitable person to hold a licence; and

a person who will have authority or influence in the conduct of the business, particularly any proposed nominee, is a suitable person; and

the premises from which the wine is to be sold or to be provided are suitable for the sale or supply of wine.

For subsection (1)(ab), the business (the wine merchant business) the person will conduct under a wine merchant licence is not a business mentioned in subsection (1)(a) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate.

The chief executive may grant a licence on conditions stated in the licence.

A licence must state—

for a wine producer licence—the premises that are to be the main premises under the licence; and

for a wine merchant licence—the premises under the licence.

However, the chief executive must not grant a person’s application for a licence until the business that the person is to conduct under the licence is to include the sale of wine.

If the application is a conversion application and the chief executive decides to grant the application, the chief executive must—

cancel the applicant’s wine merchant licence; and

issue the applicant with a wine producer licence.

For issuing the wine producer licence mentioned in subsection (5)(b)—

the premises under the wine merchant licence are the main premises under the wine producer licence; and

if the wine merchant licence stated that a person was the nominee for the licence, the person is the nominee for the main premises for the wine producer licence and is taken to have been approved under section 14.