Effective date: 18 November 2008 Last amended: 3 October 2018Next review: December 2020
This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided
on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.
Notwithstanding other statutory obligations under the Liquor Control Act 1988 (“the Act”), sections 55, 56 and 57 of the Act and Regulation 10 of the Liquor Control Regulations 1989 collectively set out the specific requirements relating to
an application for a producer’s licence.
This document provides guidance as to the intent of this licence and the legislative requirements associated with a producer’s licence. It also provides guidance on the matters to which the licensing authority may have regard when considering applications
for producers’ licences.
Producers are a significant part of the West Australian liquor industry. The industry is represented by large and small producers and enjoys an outstanding reputation locally, nationally and internationally.
The intent of the legislation is to encourage the participation of these small and large producers and this is made possible by the flexibility of the Act which allows producers to obtain a liquor licence on the basis of either productive vines or production
facilities, or both.
Wine producers are required, amongst other things, to have production facilities or to be the sole occupier of the vineyard, orchard or apiary, and have sufficient produce to enable the licensee to be regarded as a genuine producer of liquor.
Section 56 of the Act specifies that a person is taken to have produced liquor if:
In addition, where the licensee is a body corporate, liquor produced by a related body corporate shall be deemed to have been produced by the licensee.
Regulation 10A requires at least 50 per cent of the wine produced by blending is fermented by or under the direction of the licensee.
Further to this evidence of wine production, when read as a whole, the provisions of the Act empower the licensing authority to only grant a wine producer’s licence where the Director is satisfied that the applicant for a licence will harvest sufficient
produce to be a genuine producer of liquor. To assist in assessing this, the following guidelines are considered to be the minimum requirements:
The ongoing validity of a producer’s licence requires that the licensee continues to meet the above minimum requirements.
If it appears to the Director that the licensee has ceased to carry on the business of being a genuine producer, section 92(a) of the Act empowers the Director to suspend the operation of a licence.
Applicants for a producer’s licence must lodge with the Department of Racing, Gaming and Liquor, certain statutory information prior to an application being considered.
To assist applicants in lodging their application, an application kit containing a lodgement guide, forms, and an information bulletin is available from the department’s website. Further, Customer Service staff are available during office
hours to assist applicants understand the legislative requirements relating to the lodgement of an application. The department can be contacted by telephone on 61 8 6551 4888 or by email
To support the intended purpose, the Act and Regulations provide that a producer’s licence is subject to certain conditions. The following will generally be considered as the standard conditions to be imposed:
The permitted trading hours in accordance with section 98G of the Act are as follows:
In accordance with section 55 of the Act the holder of a producer’s licence is, during permitted hours, authorised to sell on the licensed premises liquor produced by the licensee. Liquor can also be sold from somewhere other than the licensed premises
(such as an office) provided that the sale takes place by way of telephone or the internet and the liquor is delivered from the licensed premises or an approved off-site storage facility .
Liquor not produced by the licensee can only be sold if it is ancillary to a meal or for the purposes of tastings.
A ‘meal’ is defined by the Act as food:-
but does not include any food prescribed by the Liquor Control Regulations 1989 not to be a meal.
If consumption on the premises is sought, conditions authorising tastings and/or consumption in a designated part of the premises, such as a café, may also be imposed.
Section 100(2a) of the Act requires that an approved manager must be present at the licensed premises at any time when business is conducted at those premises. In this regard, a licensee may chose to employ a number of approved managers.
For further information on the requirements relating to approved managers, please refer to the Director’s policy titled Managers at Licensed Premises.
The Act imposes mandatory training requirements on licensees, approved managers, supervisory/bar staff and crowd controllers1 in relation to the management of licensed premises and the responsible service of alcohol. There is also a requirement
for licensees to maintain a training register that records employee information and their training compliance.
For further information on the mandatory training requirements and the register, please refer to the Director’s policy Mandatory Training.
The licensee is required to maintain a register of incidents, of the prescribed kind, that take place at the licensed premises.
For guidance on the minimum requirements in respect of this register, please refer to the Director’s policy titled Incident Registers.
Drinking water must be provided free of charge at all times when liquor is sold or supplied for consumption on the premises.
For guidance on the minimum requirements in respect of this condition, please refer to the Director’s policy titled Provision of Free Drinking Water.
A House Management Policy, Code of Conduct and Management Plan are required for the licensed premises to comply with the Harm Minimisation Policy.
For guidance on the minimum requirements in respect of these reports, please refer to the Director’s policy titled Harm Minimisation.
Do not submit enquiries with this form.