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Effective date: 31 May 2011
Last amended: 3 October 2018
Next review: December 2020

Disclaimer

This policy guideline is designed to provide accurate and authoritative information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

This policy provides guidance to licensees who wish to conduct tastings on their licensed premises or at another licensed premises.  

Legislative requirements

Section 55(1)(a) of the Liquor Control Act 1988 (the Act) authorises the licensee of a producer’s licence to sell or supply liquor, including by way of sample (tastings), for consumption on part of the licensed premises for the purpose approved by the Director.

Under section 55(1)(c) a producer may sell or supply another licensee’s product if it is for the purposes of tastings.

Section 59A authorises a licensee of a packaged liquor licence[i] or an interstate supplier to:

• supply free samples on the licensed premises of another licensee, with the agreement of the other licensee; and
• sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

Producer’s conducting tastings on their licensed premises

When given approval by the Director, a producer may sell or supply liquor by way of a sample/tasting, for consumption on part of its licensed premises. This includes samples of its own liquor as well as other producers’ products for the purposes of comparative tastings.

Producers may also provide tastings at a cellar door outlet operating under an extended trading permit (see the Director’s Policy, Extended Trading Permits – Producers Cellar Door Operations for further information on cellar door permits).

Producers are not required to provide free samples to customers and are permitted to charge for any tasting offered.

Producers and other licensees conducting tastings on other licensed premises

Section 59A authorises a licensee of a packaged liquor licence¹ or an interstate supplier to:

• supply free samples on the licensed premises of another licensee, with the agreement of the other licensee; and
• sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.
  

These provisions will allow licensees and interstate suppliers to attend events such as food and wine shows as exhibitors where they can conduct free tastings and accept and process orders. 

Licensees should be aware of the profit sharing provisions contained in section 104 of the Act, if any portion of the charges for tastings permitted under the Act are shared. See the Director’s Policy, Profit Sharing and Management Agreements for further information.

Tastings - intent

A tasting or sample is a small amount of liquor supplied by a licensee for sampling purposes. It is intended to assist customers to choose a product. It is not a standard drink measure.

While there is no limit to the number of individual tastings a licensee can provide to a customer, it is important that licensees do not create an undesirable pattern of consumption. 

The Macquarie Dictionary defines sample as ‘a small part of anything... intended to show the quality, style, etc...’. 

Sample quantities are prescribed in the Liquor Control Regulations 1988 as:

• Wine 50ml
• Beer 100ml
• Spirits 15ml