Wine producer licence - Queensland

Description

A wine producer licence allows the licensee to operate a vineyard or winery.

Any licensee may hold more than one licence, but must have a separate wine nominee for each premises.

Wine that is made under a wine producer licence is known as 'licensee's wine'. With certain exceptions, this is the only wine which may be sold under the authority of a wine producer licence.

Trading conditions

A licensee may sell their wine:

  • for tasting on the premises as a sample, or with the approval of the Office of Liquor and Gaming Regulation (OLGR), for consumption on the premises other than as a sample
  • for consumption off the premises (takeaway)
  • at other premises (satellite cellar door) with OLGR's approval for consumption on or off the other premises.

OLGR may allow the licensee, as a condition of the licence, to sell wine, other than licensee's wine:

  • for consumption on the licensed premises and
  • for consumption off the licensed premises but only if the sales do not exceed the sale of the licensee's wine (e.g. no more than 49% of annual sales).

Trading hours

The standard trading hours for a wine producer licence are 8am to midnight, Monday to Sunday.

A licensee can apply for extended trading hours on Christmas Day, Good Friday and Anzac Day. For more information read Guideline 20: Wine licence trading hours on special days.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements


Might Need

Wine nominee

Under the Wine Industry Act 1994, an approved wine nominee is required if an individual holds more than one licence or if the licensee is comprised of more than one person (e.g. corporation) or if a licence relates to more than one place (e.g. where the licence includes satellite cellar door/s).

Note: A wine producer licence may have more than one nominee, including any person who may be in charge of the premises from time to time.

Must Have

Fit and proper person

All liquor licensees must meet the criteria outlined in Guideline 07: Fit and proper or suitable person.

Duration

This licence will remain in effect until cancelled or surrendered; however, fees for this licence need to be paid annually.

Fees

Common Fees details for this service in table format.

Type Amount Description
Application $616.00

Application for wine producer licence
Application $314.40

Application for each nominee for existing licence or additional or replacement nominee
Application $43.95

Application for extended trading hours (one-off or permanent) (Wine Industry Act)
Application $123.20

Application for interim licence
Application $314.40

Application for endorsement of condition on licence to sell other licensee's wine
Application $314.40

Application for endorsement of condition on licence to allow consumption on the premises
Miscellaneous -

The OLGR credit card payment authority form can be used for credit card payments of all OLGR fees.
Miscellaneous $34.60

Inspection of register
Miscellaneous -

An annual fee is payable at the beginning of each financial year for a wine producer licence. An annual fee notice is issued one month before the fee is due.
Miscellaneous -

OLGR will not accept credit card details by fax or email, including PDF attachments. If an email is received with credit card details, it will be deleted immediately and your form will not be processed. This is in accordance with the Payment Card Industry Data Security Standard.

Renewal $616.10

Annual fee for wine producer licence or wine merchant licence
Transfer $314.40

Application for transfer of licence

Application process

To apply for a new licence you must submit the following to the Office of Liquor and Gaming Regulation (OLGR):

  • Form 1: Application for a wine producer licence
  • Form 5: Personal details schedule (wine)
  • all required attachments
  • prescribed fees.

In addition to the above, all applicants must undergo a criminal history and other relevant probity checks to hold a wine licence. You may also be required to advertise your licence application.

Note: If you do not submit all items correctly, OLGR will not process your application. Applications for new licences take at least 2-3 months to process. Applicants should be aware that lodgement of the application is no guarantee that the application will be granted.

Renew

Once your licence is granted you can pay your annual fees and manage your details using OLGR's client portal.

An annual fee is payable at the beginning of each financial year for a wine producer licence. An annual fee notice is issued one month before the fee is due.  Fees must be paid by the due date or the licence will be automatically suspended, and then cancelled after 14 days if the fee remains outstanding.

Vary

Complete Form 9: Application for endorsement of condition of licence to apply for the following variations to your licence conditions:

  • approval to allow consumption on premises
  • approval to sell wine other than licensee's wine
  • variation of existing licence condition.

Additional licences or permits

Once you hold a licence, you may also apply separately for any of the following permits or extensions to your licence:

Transfer process

If you want to transfer your interest in the vineyard/winery to another party, you must submit the following to OLGR:

  •     Form 3: Application for transfer of a licence (wine)
  •     Form 5: Personal details schedule (wine).

All transfer application requirements must be lodged as soon as possible. It may take 6-8 weeks to establish whether the applicant is a fit and proper person to hold a licence.

The new applicant has no authority to sell and supply wine until a transfer is approved and the new applicant has become the licensee. The outgoing licensee must maintain complete control of the premises until the application has been decided, otherwise the premises should cease trading until such a time as an authorised person is in control.

Interim licences

An interim licence may be granted under the following circumstances:

  •     the licensee is bankrupt
  •     the licensee has died
  •     the licensee is a company, and a person has been appointed to manage or wind-up its affairs
  •     a guardian, administrator or manager has been appointed over the estate of the licensee.

OLGR may only grant an interim licence if satisfied that the applicant is a suitable person to hold the licence.

Additional information

Annual returns

Licensees are required to provide details from their records in an annual return. Annual return forms are forwarded to licensees in June each year and must be lodged at the same time the annual fee is paid.

For more information see 'Records' part 6, section 13 of the Wine Industry Regulation 2009.

Administering agency

Department of Justice and Attorney-General

Office of Liquor and Gaming Regulation

Licensing Division

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Please use these contact details for help or more information:

Licensing Division

Office of Liquor and Gaming Regulation

Department of Justice and Attorney-General
Operating address: 63 George Street
Brisbane City, Queensland 4000
Mailing address: LOCKED BAG 180
City East, Queensland 4002
Phone: 13 QGOV (13 74 68)
Fax: 07 3738 8531
Email: OLGRlicensing@justice.qld.gov.au