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Producer/wholesaler licence

Producers may sell their liquor to both retail (the general public) and wholesale (restaurants, bottle shops) customers. If you do not qualify as a producer you can only sell liquor to wholesale customers.

Liquor Producers

A producer must produce liquor on the licensed premises. You are not considered a liquor producer if you use someone else’s licensed premises to produce liquor.

Note: Primary producers:

1. If you produce a key ingredient in beer or spirit production (such as hops or truffles) you are a primary producer. If the liquor product is uniquely your own, even if you contract production to a third party, you are considered to be a producer.

2. If you own a vineyard within 500 metres of your licensed premises, you still qualify as a wine producer as you grow the grapes, even if you use a contract winemaker

Liquor producers, such as winemakers, brewers and distillers, can also:

  • conduct tastings
  • sell the licensee’s product by retail to the general public, both online or directly from the licensed premises, if permissible under the relevant development consent
  • Sell the licensee’s product to wholesale customers (those who are authorised to sell liquor)
  • sell the licensee’s product by retail at liquor industry shows and farmers' markets or fairs.

Liquor producers can also apply for a drink-on premises authorisation to sell alcohol for consumption on the premises.

Liquor producers can also apply for a pop-up promotional licence PDF, 1179.09 KB to provide tastings of their products at ‘pop-up promotions’ and sell them for take-away. Find out more about pop up licences here.

Wholesalers

Wholesalers don’t qualify as producers and are only permitted to sell liquor by wholesale to those who have a liquor licence, for example restaurants, bottle shops, and pubs.

Producer/wholesale (wholesale only)

Common types of licensed premises for wholesale only liquor applications:

  • Business suite: within a commercial office (development approval from council required)
  • Warehouse venue/industrial unit: development approval required from council
  • Home business: development approval not required provided the venue is the residential address of the proposed individual licensee or proposed approved manager or individual business owner, or it is the registered address of the organisation licensee/business owner.

When applying for an online wholesale only liquor licence:

  • You should not list an address from which you will not be operating the business (e.g. a relative’s home address or PO Box)
  • The proposed licensed premises relates to where administrative duties take place (where sales orders are processed online or by phone)
  • You do not need to licence the location where you intend to store liquor such as a storage facility.

Micro-breweries and small distilleries authorisation

The Government has introduced a special drink-on-premises authorisation for small-scale producers of beer, wine, cider and spirits.

Your application can take longer to review if we don’t have all the details we need to assess it. We will come back to you to obtain the missing information to progress your application. You can help us speed up the process by:

  • Providing all the correct information at the time you apply
  • Responding to our request for missing information as soon as possible after we contact you.

The information below will help you to prepare your application and gather all the necessary materials for your licence. However, if you're ready now...

Apply online

All applicants

Notices

Application Notices:

Once your application is lodged, you will be provided with a Public Site Notice which you will need to affix to your premises until the application is granted. Council and Police will be automatically notified of your application.

A paper form version of the site notices can be downloaded below if you wish to complete them manually at your convenience prior to lodgement of your application.

If applying as an individual you'll also need:

If you're applying as an organisation you'll also need:

  • ABN, ACN or Y/INC
  • the names and birthdates of all directors and officeholders (if it is a proprietary company
  • a current Australian Securities and Investments Commission (ASIC) company extract
  • inclusion of the appointment of manager notice.

Download: Forms for this licence

The licensee and all staff involved in selling, serving or supplying alcohol need to have completed an approved Responsible Service of Alcohol (RSA) course and hold a valid NSW competency card.

This requirement also applies to security staff and promotional staff conducting tastings on premises.

The Liquor Regulation 2018 introduced an additional two compulsory courses for licensees and managers:

  1. Licensee training
  2. Advanced licensee training

It is best practice to keep copies of your and your staff’s qualifications in a register on the premises.

A producer may sell their licensee’s product to other licensees (wholesales) at any time within the council development approval hours.

Tastings and take-away sales (cellar door hours)-retail sales.

Tastings of their licensee’s product can be conducted at any time, except where a 6-hour closure period applies.

An application can be made to the Independent Liquor & Gaming Authority (ILGA) for an extended trading authorisation to allow take-away trading of the licensee’s product to the public.

Consumption on premises trading hours (drink on premises authorisation)-retail sales.

Subject to your development approval, your venue might be permitted to sell liquor for consumption on site, through a drink on premises authorisation.

See below table regarding standard and extended trading hours for both Tastings/Take away sales and Consumption on premises.

Tastings/Take away sales trading hours

Standard hours

Monday to Saturday

5:00am - midnight

Sunday

10:00am - 10:00pm

Extended trading hours

Normal Sunday

5:00am - 10:00am and/or

10:00pm - 11:00pm

Sunday on 24 or 31 December

10:00pm - midnight

Consumption on premises trading hours

Standard hours

Monday to Sunday

5:00am - midnight

Extended trading hours

Monday to Sunday

midnight - 5:00am

A Community Impact Statement category B (CISB) is required for any extended trading application after 12 midnight.

A 6-hour closure period applies to all liquor licences, including those with extended trading hours. It usually starts at 4.00am and ends at 10.00am each day.

You can apply to change the 6-hour closure period:

  • temporarily
  • permanently
  • to different times on different days of the week.

In your application, you need to provide detail on:

  • the current and proposed hours of closure, and why the closing period should be changed
  • the demonstrated or likely needs of patrons
  • the interests of the local community
  • the opinion of local police on the proposal, if any
  • ways you will minimise harm associated with misuse and abuse of alcohol - including harm arising from violence and other anti-social behaviour
  • ways you will promote, sell and supply alcohol safely and responsibly
  • ways the proposal will not detract from the amenity of community life.

Resources

You can tailor your licence to meet your needs by applying for authorisations and exemptions - fees may apply. 
Flexible licensing optionsRelevant form
Allows winemakers, brewers and distillers to apply for a drink-on premises authorisation to sell alcohol for consumption on the premises in various settings (e.g. in a restaurant or accommodation venue or at a function)Drink on-premises authorisation PDF, 928.79 KB
Allows trading outside standard trading hoursExtended trade authorisation PDF, 1083.66 KB
Allows extended trading for a special occasion on a specified dateExtended trade authorisation - special occasion PDF, 874.92 KB
Allows another person to supervise and manage the licensed business for more than 6 weeks

Exception from requirement that licensee not be absent > 6 weeks PDF, 792.67 KB

Allows eligible small-scale producers of beer, cider, and spirits to sell their products to the public for on-premises consumption, subject to special conditions. Trial of a special licensing option for micro-breweries & small distilleries Fact Sheet PDF, 121.02 KB

Learn more: Microbreweries

Wine

The licensee’s product is wine that is uniquely the licensee’s, or a related corporation of the licensee’s, own product. 

It contains at least the following percentage of wine:

  • 50% of wine: produced by or under the direction of the licensee, or a related corporation of the licensee, on the wine producer’s licensed premises or a vineyard related to the licensed premises

  • 85% of wine: produced on the licensee’s behalf, or under the direction of the licensee or a related corporation of the licensee, from fruit grown on the wine producer’s licensed premises or a vineyard related to the licensed premises.

A vineyard is deemed to be related to the licensed premises if:

  • it is operated by the licensee, or a related corporation of the licensee
  • is within 500 metres of the licensed premises.

Cider, perry, or mead

The licensee’s product is liquor that is uniquely the licensee’s, or a related corporation of the licensee’s, own product.

This has been produced:

  • by or under the direction of the licensee, or a related corporation of the licensee, on the licensed premises
  • on the licensee’s behalf from fruit grown or honey produced by the licensee.

Multiple premises

Wine producers

A wine producer can apply to sell their licensee’s product at more than one premises without the need to hold multiple licences, as long as the premises:

  • are located in the same wine region - as defined in the Australian Wine and Brandy Corporation Act 1980
  • are within 20kms of each other, if they are not in a wine region

Multiple premises can include an additional winery or retail premises like a cellar door where the licensee’s product is sold to the public.

Note. If you wish to have more than one premises, relating to an existing liquor licence, you need to lodge a change of boundaries application through the liquor licence manager

If you do not have a liquor licence, you will need to apply and have your liquor licence granted before you can apply for an additional premises.

Cider, perry, or mead producers

Cider, perry and mead producers can have more than one premises if:

  • each premises is operated by the same licensee, and
  • the premises are within-
    • 10km of each other, if any of the premises are in a metropolitan area, or
    • 20km of each other, if any of the premises are in a non-metropolitan area.

Note. If you wish to have more than one premises, relating to an existing liquor licence, you need to lodge a change of boundaries application through the liquor licence manager.

If you do not have a liquor licence, you will need to apply and have your liquor licence granted before you can apply for an additional premises.

Multiple premises for brewers and distillers

Beer and spirit producers can have more than one premises if:

  • each premises is operated by the same licensee, and
  • the premises are within - 
    • 10km of each other, if any of the premises are in a metropolitan area, or
    • 20 km of each other, if any of the premises are in a non-metropolitan area.

Note. If you wish to have more than one premises, relating to an existing liquor licence, you need to lodge a change of boundaries application through the liquor licence manager

If you do not have a liquor licence you will need to apply and have your liquor licence granted before you can apply for an additional premises.

Brewers without equipment

Some brewers produce their product on someone else’s licensed premises and do not qualify as a producer under the Liquor Act 2007.

Wholesale supplier

The wholesale/producer licence will suit your needs if you only wish to sell your product to other licensees as a wholesale supplier. You will not be able to sell to the general public.

Selling to the public

If you are a brewer without equipment and you wish to sell your product to the general public from an office or similar location, a packaged liquor licence will be a better fit for you.

This permits online sales where goods are delivered directly to the customer’s nominated address, with no walk-up sales from members of the public.

If the liquor licence is held by a corporation, a related corporation of a licensee means a corporation that is a related body corporate within the meaning of the Commonwealth Corporations Act 2001.

If the liquor licence is held by an individual, a related corporation of a licensee means a corporation that employs the licensee, or in respect of which the licensee occupies a position of authority.

Under the liquor laws, a tasting is a sampling of a small amount of a particular product usually for the first time or when deciding to purchase a larger quantity of the product.

It does not include sampling to the extent that it is no longer ancillary to a proposed take-away purchase.

Industry liquor show

An industry liquor show is a wine, beer, spirits or other liquor show that is held by an industry association where a producer can sell and supply their licensee’s product directly to the public.

The sale or supply of the licensee’s product at these events is for customers to taste or take-away sales in sealed containers.

Markets and fairs

A producers’ market or fair is an event primarily held to promote and sell produce from the hospitality industry, or a particular region.

The organiser of a show, market or fair must notify the local police, the local council and ILGA of the event at least seven days before it is held.

Your application costs include:

  • an application fee
  • a non-refundable processing fee.

Use our Liquor Fee Schedule to calculate your fee.

Licence fees

Pro-rata annual liquor licence fee

A producer/wholesaler licence is subject to a pro-rata annual liquor licence fee depending on the time of year your liquor licence is granted.

The fee is calculated on a quarterly basis and reflects the amount of time you use the licence before the next billing cycle (on 15 March the following year). Calculate your pro-rata fee.

Annual liquor licence fee

A producer/wholesaler licence is subject to an annual liquor licence fee, due in May each year. Read more about annual liquor licence fees.

What you need to know

This form contains a list of standard conditions which the Independent Liquor & Gaming Authority and/or its delegates may impose if the licence is granted.

Special instructions

The Independent Liquor & Gaming Authority and/or its delegates may impose additional or alternative conditions if warranted. However, the party seeking additional or alternative conditions must demonstrate the need for those conditions.

If you would like to seek alternate conditions, and/or additional conditions, please indicate the relevant condition number, alternative condition text and/or additional condition as well as the reasons in the space provided below the conditions list. You can attach additional information on separate pages if required.

Please attach the completed form to your online liquor licence application at lodgement.

Lodging this form with your liquor licence application will reduce the processing time.

Apply online now

You must be 18 years or older and authorised to lodge this licence application.

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Create a OneGov account to apply online for a new licence or maintain your existing licence online.

Next steps

Once your application is lodged, you will receive a site notice. This notice must be affixed to the location of the proposed licensed premises and must be provided to the occupiers of surrounding buildings.

We will advertise your application on the Liquor and Gaming Application Noticeboard for 30 days. The community can comment on your application, as well as people who were consulted as part of the CIS process, if applicable.

We're here to help. 

Use our online feedback form to send us your questions, suggestions or feedback. You can also:

Call: 1300 024 720 | Monday to Friday 9am - 4pm

Email: contact.us@liquorandgaming.nsw.gov.au

Access the Liquor Act 2007 and the Liquor Regulation 2018 at www.legislation.nsw.gov.au