Western Australian Numbered Acts Western Australian Numbered Acts After section 61
insert:
61A. Extended trading permit for the sale of wine
or beer (s. 60(4)(ia))
(1) In this
section —
cellar door permit means an extended trading
permit issued for the purpose referred to in section 60(4)(ia);
geographical indication has the same meaning as in
the Australian Grape and Wine Authority Act 2013 (Commonwealth)
section 4(1);
wine producing region means a region or locality
of the State that is subject to a geographical indication.
(2) A cellar door
permit must not be issued in relation to a producer’s licence
unless —
(a) the
licencing authority has approved the premises in respect of which the permit
is sought as being fit for the purpose of the sale of wine or beer; and
(b) if
the permit is sought for the purposes of the sale of wine, the premises are
located in the wine producing region to which the licence relates; and
(c) if
the permit is sought for the purposes of the sale of beer, the premises are
located in the district where the beer is produced; and
(d) the
licensing authority is satisfied that the purpose for which the permit is
sought could not be more appropriately achieved by the grant of a different
kind of licence; and
(e) the
applicant will, at times when the sale of wine or beer under the permit is
authorised, be entitled to use the premises for that purpose; and
(f) the
applicant satisfies the licensing authority that the local government of the
district within which the premises are situated has been consulted and has
approved the application.
(3) A cellar door
permit may only be issued to a licensee for the purposes of the sale of wine
if the licensee does not already hold a cellar door permit for the purposes of
the sale of wine in the wine producing region for which the permit is sought.
(4) A cellar door
permit may only be issued to a licensee for the purposes of the sale of beer
if the licensee does not already hold a cellar door permit for the purposes of
the sale of beer in the district for which the permit is sought.
(5) A cellar door
permit may be issued in respect of the same premises to 2 or more licensees of
a producer’s licence only if there is in force an agreement between the
licensees about the management of the premises.
(6) The regulations
may prescribe conditions that are to be taken to be attached to a cellar door
permit unless otherwise specified in the licence.