sec.6Requirement to be licensed under this Act or Liquor Act

sec.6 Requirement to be licensed under this Act or Liquor Act

Before a person may lawfully sell wine, the person must be licensed under this Act or be authorised to sell wine under the Liquor Act . A person may obtain a wine producer licence to sell wine under this Act if the business the person will conduct under the licence will involve— selling wine made from fruit grown by the person on the premises to which the licence will relate; or selling wine made by the person on the premises to which the licence will relate. A person may obtain a wine merchant licence to sell wine under this Act if the business the person will conduct under the licence is not a business mentioned in subsection (2) but is a business that will otherwise contribute to the Queensland wine industry in a substantial way. Without limiting subsection (3) , a person’s business will contribute, or does contribute, to the Queensland wine industry in a substantial way if the person— buys fruit grown in the State— to make wine in the State other than on the person’s licensed premises; or to have wine made, under the person’s direction, on the premises of another winemaker in the State; or grows fruit, in the State, that will later be used to make wine but until that time buys fruit to make wine; or blends, in the State, different wines to create a unique wine. For subsection (3) , the business (the wine merchant business ) a person will conduct under a wine merchant licence is not a business mentioned in subsection (2) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate. A person’s business will not contribute, or does not contribute, to the Queensland wine industry in a substantial way merely because the person— buys bulk wine from outside the State and bottles it in the State; or sells only wine made and bottled by other persons. This part sets out provisions about the following— applying for a licence and other matters under this part; decision on an application; granting a licence; nominees; the authority under a licence; trading hours; transferring a licence and an interim licence; advertising; varying, cancelling, suspending and surrendering a licence; permits for promoting a winery or region. s 6 sub 2001 No. 40 s 5 amd 2008 No. 19 s 5 (sec.6-ssec.1) Before a person may lawfully sell wine, the person must be licensed under this Act or be authorised to sell wine under the Liquor Act . (sec.6-ssec.2) A person may obtain a wine producer licence to sell wine under this Act if the business the person will conduct under the licence will involve— selling wine made from fruit grown by the person on the premises to which the licence will relate; or selling wine made by the person on the premises to which the licence will relate. (sec.6-ssec.3) A person may obtain a wine merchant licence to sell wine under this Act if the business the person will conduct under the licence is not a business mentioned in subsection (2) but is a business that will otherwise contribute to the Queensland wine industry in a substantial way. (sec.6-ssec.4) Without limiting subsection (3) , a person’s business will contribute, or does contribute, to the Queensland wine industry in a substantial way if the person— buys fruit grown in the State— to make wine in the State other than on the person’s licensed premises; or to have wine made, under the person’s direction, on the premises of another winemaker in the State; or grows fruit, in the State, that will later be used to make wine but until that time buys fruit to make wine; or blends, in the State, different wines to create a unique wine. (sec.6-ssec.4A) For subsection (3) , the business (the wine merchant business ) a person will conduct under a wine merchant licence is not a business mentioned in subsection (2) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate. (sec.6-ssec.5) A person’s business will not contribute, or does not contribute, to the Queensland wine industry in a substantial way merely because the person— buys bulk wine from outside the State and bottles it in the State; or sells only wine made and bottled by other persons. (sec.6-ssec.6) This part sets out provisions about the following— applying for a licence and other matters under this part; decision on an application; granting a licence; nominees; the authority under a licence; trading hours; transferring a licence and an interim licence; advertising; varying, cancelling, suspending and surrendering a licence; permits for promoting a winery or region.