We’ve compiled the information we can find regarding liquor licensing requirements/exemptions for florists around Australia.
NB: This is not legal advice nor a substitute for legal advice, and we make no warranties as to the accuracy of this information at the time of reading. Information is accurate as best we can find at time of publishing. Check the source links for updates, and consult your state/territory agency before acting.
Florist or Gift Maker business – a florist or gift maker business that packages liquor together with flowers, food or other gifts where the liquor supplied with each package does not exceed 1.5 litres and the value of the liquor does not exceed half the sale price of the package.
Example: a florist creates a hamper that contains two 700ml bottles of wine, flowers and other gifts. Total cost of the hamper is $100 and the liquor value is $25.
Gift baskets and flowers
A liquor licence is not required to sell alcohol that is included in the sale of flowers or food designed to be delivered as a genuine gift to a person, such as a gift basket or bouquet of flowers.
- the alcohol included in the gift must be purchased from a retail liquor outlet
- two litres is the maximum volume of alcohol permitted in each gift
- the gift must be packaged and presented in such a manner that it would be taken to be a gift
- the gift can only be delivered to another adult who is not the purchaser
- the gift cannot be delivered to a person at the location where the gift was purchased
- gifts must be delivered between the hours of 7am to 7pm.
You don’t need a liquor licence or registration if you are going to sell, supply or serve alcohol or liquor:
- as part of a gift basket or floral arrangement that contains one liquor product only
Gift baskets and floral arrangements
Businesses selling limited quantities of liquor as part of a floral arrangement or gift basket are exempt where:
- the sale is part of a florist’s business or the business of a person selling gift baskets
- the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L
- the floral arrangement or gift basket must be delivered as a gift to an adult other than the purchaser of the floral arrangement or gift basket
- the gift is to be delivered to a place other than the business where the sale was made
- the total value of the liquor and the container in which it is supplied is not more than 75% of the gift’s sale price
- the liquor was purchased on a retail basis.
Businesses selling gifts
Businesses don’t need a liquor licence to sell alcohol with the sale of flowers, confectionery, food or items designed to be a genuine gift to a person other than the purchaser if:
- the gift is delivered directly to the recipient of the gift, at a place other than the premises where the business is conducted
- the alcohol was purchased on a retail basis from a licensee
- the volume of alcohol supplied does not exceed 2.25 litres
- the value of the alcohol is not more than 50% of the total sale price of the gift
- both the purchaser and the person receiving the gift are aged 18 or over.
Source: https://www.sa.gov.au/topics/business-and-trade/liquor/apply/not-needed#title2 – 20 July 2022
Specific information for florists has not yet been located – you may need a Special Licence. Contact Liquor and Gaming: https://www.treasury.tas.gov.au/liquor-and-gaming/liquor
Exemption from Act—florist or giftmaker
(1) A person who carries on a florist or giftmaker business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that business if the following conditions are met—
(a) the business only supplies liquor that is packaged together with flowers, food or other gifts; and
(b) the liquor is not supplied to a minor; and
(c) the business does not accept orders to supply liquor from a minor; and
(d) the proprietor of the business or the business purchased the liquor on a retail basis; and
(e) not more than 1·5 litres of liquor is supplied to each recipient in any one day; and
(f) the value of the liquor and its container is not more than 50 per cent of the total sale price of the supplied items.
Source: https://www.legislation.vic.gov.au/in-force/acts/liquor-control-reform-act-1998/100, section 6B – 20 July 2022
The sale or supply of liquor together with flowers, a food parcel or a gift hamper to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:
- the gift must be delivered between 7am and 7pm;
- the person to whom the gift is delivered must be at least 18 years of age;
- the quantity of the liquor sold or supplied cannot be more than two litres;
- the business of the vendor or supplier must be genuinely marketed as a service for the sale and delivery of gifts;
- the gift must be packaged so that the person to whom it is delivered would be likely to know that it was intended as a gift;
- the vendor or supplier must have purchased the liquor from the holder of a Hotel or Liquor Store licence;
- the value of the liquor and its container cannot be more than half of the purchase price of the gift.
The value of the liquor and its container is based on the cost of buying that liquor from a liquor store or hotel licence