Extended trading permit for sale of liquor (s. 60(4)(ia))
61A Extended trading permit for sale of liquor (s. 60(4)(ia))
In this section —
cellar door permit means an extended trading permit issued for the purpose referred to in section 60(4)(ia);
geographical indication has the same meaning as in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1);
wine producing region means a region or locality of the State that is subject to a geographical indication.
A cellar door permit must not be issued in relation to a producer’s licence unless —
the Director has approved the premises in respect of which the permit is sought as being fit for the purpose of the sale of liquor; and
if the permit is sought for the purposes of the sale of wine, the premises are located in the wine producing region to which the licence relates; and
if the permit is sought for the purposes of the sale of liquor other than wine, the premises are located in the district where the liquor is produced; and
the Director is satisfied that the purpose for which the permit is sought could not be more appropriately achieved by the grant of a different kind of licence; and
the applicant will, at times when the sale of liquor under the permit is authorised, be entitled to use the premises for that purpose; and
the applicant satisfies the Director that the local government of the district within which the premises are situated has been consulted and has approved the application.
A cellar door permit may only be issued to a licensee for the purposes of the sale of wine if the licensee does not already hold a cellar door permit for the purposes of the sale of wine in the wine producing region for which the permit is sought.
A cellar door permit may only be issued to a licensee for the purposes of the sale of liquor other than wine if the licensee does not already hold a cellar door permit for the purposes of the sale of liquor in the district for which the permit is sought.
A cellar door permit may be issued in respect of the same premises to 2 or more licensees of a producer’s licence only if there is in force an agreement between the licensees about the management of the premises.
If a cellar door permit is issued in respect of the same premises to 2 or more licensees, those licensees are jointly and severally liable —
as licensee; and
in respect of any civil or criminal liability that attaches to the licensee under this Act.
The regulations may prescribe conditions that are taken to be attached to a cellar door permit unless otherwise specified in the permit.
[Section 61A inserted: No. 35 of 2015 s. 9; amended: No. 9 of 2018 s. 34; No. 25 of 2023 s. 21(2); No. 20 of 2025 s. 67 and 124(1).]
This provision refers to the regulations (The regulations may prescribe
). Made under this Act:
- Liquor Control (Bayulu Restricted Area) Regulations 2013
- Liquor Control (Bungardi Restricted Area) Regulations 2017
- Liquor Control (Cheeditha Restricted Area) Regulations 2012
28 more instruments made under this Act are listed on the Act’s overview.
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