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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested: 22 May 2013
Consolidated as at: Sessional

Division 2 - Wine producers licences

161. Qualifications for a wine producers licence

A person is not qualified to be granted a wine producers licence unless the person is a natural person –

(a) who has attained the age of 18 years; and
(b) who satisfies the Commissioner that the person –
(i) grows grapes in Tasmania; or
(ii) produces wine from grapes grown in Tasmania.

162. Application for wine producers licence

(1) An application for a wine producers licence –

(a) shall be made on a form approved or provided for the purpose by the Commissioner; and
(b) shall be accompanied by any prescribed application fee.

(2) The Commissioner may require an applicant for a wine producers licence to supply to the Commissioner such further particulars (including plans and specifications of any relevant premises) as the Commissioner considers necessary for a proper consideration of the application.

163. Consideration of application for wine producers licence

(1) After considering an application for a wine producers licence the Commissioner shall –

(a) grant the licence; or
(b) refuse to grant the licence.

(2) If the Commissioner refuses to grant a wine producers licence the Commissioner shall –

(a) notify the applicant accordingly; and
(b) inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

(3) The Commissioner shall not grant a wine producers licence unless the Commissioner is satisfied –

(a) that the applicant is qualified to hold the licence; and
(b) that the premises specified in the application are suitable for producing wine or for growing grapes, as the case may be.

(4) The Commissioner is not required to take any action in respect of an application for a wine producers licence if –

(a) the prescribed application fee has not been paid; or
(b) any further particulars required by the Commissioner in accordance with section 162 (2) have not been supplied.

164. Certain matters to be specified in wine producers licence

When the Commissioner grants a wine producers licence the Commissioner shall specify in the licence –

(a) the name of the licensee; and
(b) the premises that may be used to grow grapes or produce wine or both, as the case may be.

165. Duration of wine producers licence

A wine producers licence is valid from the date specified in it until it is terminated in accordance with this Act.

166. Wine producers licence not transferable without approval

(1) A wine producers licence cannot be transferred to another person without the approval of the Commissioner.

(2) If an attempt is made to transfer the benefit of a wine producers licence to another person without the Commissioner's approval the licence is suspended with effect from the date of the attempted transfer.

(3) The suspension of a wine producers licence under subsection (2) ends if and when –

(a) the Commissioner approves the transfer of the licence; or
(b) the licensee informs the Commissioner that the alleged transfer has been rescinded.

167. Application for transfer of a wine producers licence

An application for the transfer of a wine producers licence shall –

(a) be made to the Commissioner on a form approved or provided for the purpose by the Commissioner; and
(b) be accompanied by any prescribed fee; and
(c) be made at least 28 days before the day on which the transfer is to take effect, or such lesser period as the Commissioner may agree.

168. Decision of Commissioner on consideration of application to transfer a wine producers licence

(1) After considering an application for the transfer of a wine producers licence, the Commissioner shall –

(a) approve the transfer; or
(b) refuse to approve the transfer –

and shall inform the applicant accordingly.

(2) If the Commissioner refuses to approve the transfer of a wine producers licence the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Board against the Commissioner's decision.

169. Surrender of wine producers licence

(1) A wine producers licence may be surrendered to the Commissioner at any time.

(2) A surrender may relate to all or part of the premises specified in the licence.

(3) Where a surrender relates to part of the premises specified in the licence the Commissioner shall amend the licence accordingly.

170. Effect of suspension of wine producers licence

(1) A wine producers licence that has been suspended in respect of all or any part of the premises specified in it is not authority for the production of appellation wine or the growing of grapes to be used for the production of appellation wine, as the case may be, on the premises or the part of the premises in respect of which the licence has been suspended during the period of suspension.

(2) The suspension of a wine producers licence does not affect a licensee's obligations to pay licence fees in accordance with this Act.