We have proposed changing the title of the bill to the Sale and Supply of Alcohol (Winery Cellar Door Tasting) Amendment Bill, to better reflect the contents and scope of the bill.

The bill as introduced would define “winery” as a person whose business is, or includes:

• producing and selling grape wine products, or

• selling grape wine or grape wine products that have been produced on that person’s behalf.

Some submitters were concerned that this definition could unintentionally capture more retailers than intended. At the most extreme, it was suggested, it could capture bottle stores and supermarkets, who could have wine produced on their behalf, for their own brand of wine.

We agree with submitters that bottle stores and supermarkets should not be captured by the definition of “winery”. It is not the intention of this legislation to enable opportunistic bars to operate as tasting venues to avoid the protections otherwise found in the Act. Therefore, we recommend amending clause 4 to amend the definition so that a person selling grape wine is not covered by the bill merely because the wine is made on a person’s behalf. We recommend providing for a definition of “winery cellar door”, and amending paragraph (b) of the definition. This change would cover winery cellar doors that sell grape wine made from produce harvested from land occupied by the person who operates the cellar door (regardless of whether the cellar door is situated on the land). This would cover “off-site” growers.

The bill would allow wineries to charge for samples at winery cellar doors, when the wine has been produced at that winery’s premises. In the bill as introduced (clause 6, proposed new section 17(2)(b)(iii) of the Act), samples could not exceed 40 millilitres each.

We gave thought to the appropriateness of the proposed limit. We heard from submitters in the industry that the standard size for samples is 30 millilitres. Submitters also told us that few wineries actually measure the sample size. They suggested having a limit above 30 millilitres would mean that operators would not be breaking the law if they accidentally overpoured. We agree with submitters, but also think that a limit lower than 40 millilitres for samples would help to minimise alcohol-related harm. This allows for a margin of error in the standard 30 millilitre pour, minimising alcohol-related harm.

We recommend amending clause 6, proposed section 17(2)(b)(iii), to enable winery cellar doors to sell grape wine samples for consumption on the premises, provided that each sample is no more than 35 millilitres.

We considered how wineries’ host responsibility would be affected if they were to sell wine samples. Currently, winery cellar doors usually limit the number of free samples they provide for cost reasons. However, by enabling wineries to charge to recover their costs the bill would remove this incentive. Ensuring that some food is available would help to minimise the potential harm from excessive consumption of alcohol.

Some submitters expressed concern about the costs associated with host responsibility requirements to provide food. Wineries told us that they predominantly want to sell wine and not have to comply with host responsibility requirements. We considered the compliance and cost implications of providing snacks. We received advice that this would be reasonable, between $300 and $600 every three years.

On balance, we recommend inserting clause 8, to insert new section 62A in the Act. New section 62A would require snack food to be available when samples are sold from winery cellar doors. Our intention is that, when a winery cellar door is open for the sale of wine samples, a reasonable range of snack food would be made available for sale and consumption at the winery cellar door. Snack food would have to be sold at reasonable prices and within a reasonable time of being ordered. This would help to minimise harm and would be less costly for winery cellar doors than implementing host responsibility requirements.

We recommend inserting new clause 9, to amend section 116(2)(c) of the Act. The amendment would make it a compulsory condition of off-licences that drinking water must be freely available to customers at a designated place on the premises while grape wine is being sold as a sample. There is already such a requirement in section 116(2)(c) for when alcohol is being supplied free as a sample.

As introduced, clauses 5 and 8 provide for any transitional, savings, and related provisions in the Act that might be necessary for the bill’s operation. However, no such provisions are proposed, so those clauses would have no legal effect. Therefore, we recommend removing clauses 5 and 8.

Some members were concerned that this bill favoured producers of grape wine over other artisan producers of other alcoholic beverages such as fruit wine, beer, cider, and distilled spirits. Those members would have expanded the scope of this bill to include any cellar door tasting of those other beverages. The majority disagreed and considered that the ability to charge for tastings for an off-licence holder should be extended only to producers of grape wine at this stage. Other members agreed that the bill as introduced is consistent with the intention of the member in charge of the bill.