Whilst distilleries were forgotten in the recent review of the Liquor Control Act 1988 (WA), common sense has finally prevailed with at least one distiller in Western Australia now allowed to sell their spirit sample product with a mixer.

Section 55 of the Liquor Control Act covers wine, beer and spirit producers, however, all is not equal with distillers not allowed to sell or supply their own product for on premises consumption.  As a result, distillers can only sell or supply their spirits by way of a sample for consumption on the licensed premises.  For spirits, a sample size is 15ml.

In 2014, Whipper Snapper Distillery in East Perth was granted a producer’s licence, however, the licence was conditioned to prohibit the sale of its liquor (a spirit) with mixers for consumption on the licensed premises.  Whilst the Liquor Control Act limits the sale and supply of its liquor to 15ml samples, it does not stipulate whether this is with or without a mixer.  As a result of this condition, customers of the distiller had to sample the locally produced spirit neat.

We are pleased to have assisted the licensee in their application to vary the licence conditions to enable the sale and supply of its spirit product with a mixer.  Common sense finally prevailed and now customers of the distiller can sample the locally produced whiskey and moonshine products with juices and soft drinks.

Spirit drinkers should be able to taste a product they are sampling in the form that they would prefer to drink it, not just neat.  Such a condition limiting the ability to mix a spirit with a non-alcoholic beverage such as a soft drink or juice does not showcase the product to the consumer.

If you have any queries regarding the a producers licence or varying licence conditions, please contact Jarrod Ryan (jarrod@ryandurey.com) or Alyce Cassettai (alyce@ryandurey.com).