Liquor Licensing (Liquor Production and Sales Licence) Amendment Act 2020 (SA)

South Australia

Liquor Licensing (Liquor Production and Sales Licence) Amendment Act 2020

An Act to amend the Liquor Licensing Act 1997.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Liquor Licensing (Liquor Production and Sales Licence) Amendment Act 2020.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Liquor Licensing Act 1997

3Amendment of section 22 – Application for review of Commissioner's decision

Section 22(1)(c)—after subparagraph (iii) insert:

or

1. (iv)

   any other person with the permission of the Court.

4Amendment of section 39 – Liquor production and sales licence

1. (1)

   Section 39(1)(d)—delete paragraph (d) and substitute:

   1. (d)

      to sell, at any time through direct sales transactions—

      1. (i)

         the licensee's product; or

      2. (ii)

         liquor in an aggregate quantity of 4.5 litres or more; or

      3. (iii)

         liquor by wholesale,

   (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm); and

2. (2)

   Section 39(2)—after paragraph (d) insert:

   1. (e)

      licensed premises must not be comprised of—

      1. (i)

         premises ordinarily known or advertised as a supermarket, convenience store or delicatessen; or

      2. (ii)

         premises of a prescribed kind.

3. (3)

   Section 39—after section (4) insert:

   1. (4a)

      A liquor production and sales licence is subject to the condition that at least 90% of the licensee’s gross turnover from the sale of liquor (other than the licensee’s product) for consumption off the licensed premises and through direct sales transactions in each financial year (excluding sales of liquor to the licensee’s own employees and sales for the delivery of liquor outside Australia) must be derived from the sale of liquor by wholesale.

4. (4)

   Section 39—after subsection (8) insert:

   1. (8a)

      The licensing authority may exempt a licensee from subsection (2)(e), if, in the opinion of the licensing authority, it is in the public interest to do so.

Schedule 1—Transitional provision

1—Transitional provision

An amendment to the Liquor Licensing Act 1997 effected by a provision of this Act applies in respect of a licence granted under that Act (including a licence to which Schedule 2 clause 8(2) of the Liquor Licensing (Liquor Review) Amendment Act 2017 applies) whether the licence was granted before or after the commencement of that provision.