Laws surrounding Growlers in QLD

[JJB]

I'm just wondering if anyone knows much about the laws for growlers and squawkers in QLD. i'm currently doing a study project and am finding it hard to get a decent answer on what the laws are exactly. e.g. if licences are need because of the takeaway factor? and can all beers on tap in a pub be sold in growlers?

Thanks Heaps

 

[Blitzer]

Green Beacon Brewery sells & fills growlers.
Archive Bar fills & sells them up try those places.

 

[Kingbrownbrewing]

So....

If you fill growlers out of a 30L keg you have bought off the brewery, the excise has been paid by the brewery, and you dont need to pay excise.

If you fill out of a 50L keg, you will need to apply for an excise licence, and you will need to pay excise on what is sold as you are filling from a vessel under 49L.

Also, imported kegs have already had the excise paid I believe, and regardless of size you pay no more.

SO

To get around it as a venue, only pour out of 30L kegs/ imported kegs or pour out of 50L and hope no one says anything to the taxman or pay the excise like a good law abiding citizen, although I hear they are cracking down on it down south if you dont.

Hope that helps.

 

[mrTbeer]

That's interesting King Brown but does a venue need a 'takeaway licence' to fill a growler?

Sunshine Coast Brewery operated a Bar/Café in town and refused to fill growlers claiming they didn't have a 'takeaway licence' for the venue. They didn't have an attached bottle-shop on site like Archive does though.

Presuming you strike a price over the bar, can any RSL fill a growler from a 30L keg?

 

[Dunkelbrau]

Licensing is a state issue, excise is a federal one.

I researched and found I was incorrect. King brown is spot on with the 30L thing.

Here is the ATO link.

http://www.ato.gov.au/content/00308494.htm

 

[Kingbrownbrewing]

Yeah you need to have a general licence (hotel licence) for takeaways.

Any club can do takeaways, so they can also do growlers, but only to members.

Sunshine coast brewery cafe was a restaurant licence, so they couldnt do takeaways.

Archive is a general hotel licence so they can do takeaways and growlers.

Green Beacon are allowed to sell a percentage of there total production as a 'souvenier' of peoples visit there under their producer/ wholesaler licence, although this is sort of a grey area, as I believe it is like 5% or something, and I reckon they might be selling more than that....

 

[mmmyummybeer]

I have also heard filling growlers is a grey area. However there is no grey area.

King brown pretty much summed it up

Like he said Australia has two excise rates. A lower rate for containers not less than 48L. The other is a higher rate when packaged in a a pack less than 48L.

Therefore filling form a 30L keg the excise has already been paid at the appropriate rate and is therefore not a problem.

However If you fill a growler out of a 50L keg and on sell it, then you need to have a license to repackage as well as well as your normal liquor license. You need to notify the ATO of the amount packed and sold and pay the excise. This is law in all states.

The excess rate on 48L is being looked at the moment to reduce it to 30L to coincide with OH@S guidelines on lifting, if this happens then you will have the same situation with 30L kegs as well, probable a little while off yet though, but food for thought.

Growlers work well in America where is only one excise rate. They are also lucky to have only one rate with is lower and not calculated according to alcohol strength like we do.

 

[Dunkelbrau]

The whole idea of taxing less for a higher volume defeats the purpose of the tax in the first place. Obviously its just a money grab scenario that benefits the pubs, as its PROVEN that its not a deterrent on binge drinking/violence etc.

Next thing you know they will be taxing items sold at home brew shops higher because they might deem us as tax evaders!

I think Brew Pubs should get an excise lift on the Growlers as they usually wouldn't be packaging their beer in the smaller containers unless its sold over the bar.

 

[mmmyummybeer]

The volume based tax system was introduced in April 2001 along with many other changes. Changes were very political at the time and were introduced to coincide and offset the removal of wholesale tax. Regardless of its history and reasoning, unfortunately it is probable hear to stay. Alcohol tax changes are always hard to win due to it being scene as a 'sin tax', government parties generally don't wont to lower it. Reducing the 48L limit to 30L has merit by coming from a oh&S stand point rather than cheaper beer view.
I don't believe brew pubs will ever get excise relief for the purpose to sell growlers. Its politics and at the moment craft beer market represents only 5% and therefore not a high priority for politicians. Wether we like it or not we have to live and abide by it. Only one thing is certain is the ATO will always end up with the better end of the deal.