QLDIn ForceAct
Liquor Act 1992
sec.228CInconsistency with authority to sell craft beer or artisan spirits and authority under commercial special facility licence
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### sec.228C Inconsistency with authority to sell craft beer or artisan spirits and authority under commercial special facility licence
This section applies if—
the sale of craft beer or artisan spirits to persons at a promotional event is authorised under any of the following—
a producer/wholesaler licence;
an artisan producer licence;
a craft beer producer permit;
an artisan spirits producer permit; and
sale or supply of liquor at the event is also authorised under a commercial special facility licence; and
there is an inconsistency between the authority mentioned in paragraph (a) and the authority mentioned in paragraph (b) .
The commercial special facility licence prevails to the extent of the inconsistency.
A promotional event is held at a venue that is the subject of a commercial special facility licence. Sale and supply of liquor at the event is authorised under that licence. The holder of a producer/wholesaler licence is also authorised under that licence to sell or supply the holder’s craft beer to persons at the event.
A condition imposed on the commercial special facility licence states the total volume of liquor that may be sold to each person at a promotional event is 4 litres. A condition imposed on the holder’s producer/wholesaler licence states the total volume of the licensee’s craft beer that may be sold to each person at a promotional event is 8 litres.
Despite the condition imposed on the holder’s licence, the holder may sell only a total of 4 litres of the holder’s craft beer to each person at a promotional event.
s 228C ins 2016 No. 4 s 60
amd 2021 No. 4 s 31
(sec.228C-ssec.1) This section applies if— the sale of craft beer or artisan spirits to persons at a promotional event is authorised under any of the following— a producer/wholesaler licence; an artisan producer licence; a craft beer producer permit; an artisan spirits producer permit; and sale or supply of liquor at the event is also authorised under a commercial special facility licence; and there is an inconsistency between the authority mentioned in paragraph (a) and the authority mentioned in paragraph (b) .
(sec.228C-ssec.2) The commercial special facility licence prevails to the extent of the inconsistency. A promotional event is held at a venue that is the subject of a commercial special facility licence. Sale and supply of liquor at the event is authorised under that licence. The holder of a producer/wholesaler licence is also authorised under that licence to sell or supply the holder’s craft beer to persons at the event. A condition imposed on the commercial special facility licence states the total volume of liquor that may be sold to each person at a promotional event is 4 litres. A condition imposed on the holder’s producer/wholesaler licence states the total volume of the licensee’s craft beer that may be sold to each person at a promotional event is 8 litres. Despite the condition imposed on the holder’s licence, the holder may sell only a total of 4 litres of the holder’s craft beer to each person at a promotional event.
- (a) the sale of craft beer or artisan spirits to persons at a promotional event is authorised under any of the following— (i) a producer/wholesaler licence; (ii) an artisan producer licence; (iii) a craft beer producer permit; (iv) an artisan spirits producer permit; and
- (i) a producer/wholesaler licence;
- (ii) an artisan producer licence;
- (iii) a craft beer producer permit;
- (iv) an artisan spirits producer permit; and
- (b) sale or supply of liquor at the event is also authorised under a commercial special facility licence; and
- (c) there is an inconsistency between the authority mentioned in paragraph (a) and the authority mentioned in paragraph (b) .
- (i) a producer/wholesaler licence;
- (ii) an artisan producer licence;
- (iii) a craft beer producer permit;
- (iv) an artisan spirits producer permit; and