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
The sale of liquor by a florist is authorised subject to the following conditions:
that liquor is sold only as a component of a gift hamper, or accompanies a floral arrangement; and
the sale of liquor is restricted to a maximum of 1.5 litres of liquor in any one hamper or accompanying a floral arrangement; and
the sale of liquor is authorised for consumption off the premises only; and
that the florist maintains effective control over the sale of liquor on the premises;
that liquor is not sold to a person who is under the age of 18 years or to a person who appears to be drunk; and
the sale of liquor is not conducted at a florist operated in connection with the activities of a supermarket.
Source: https://www.treasury.tas.gov.au/liquor-and-gaming/publications-and-research/legislation-liquor – 09 August 2022
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
From ACT Liquor and Gaming in an email dated 10 August 2022:
Liquor may be displayed as part of a hamper.
Below is a link to the Responsible Promotion of Liquor Guidelines 2012. The one that would be most applicable to florists would be;
Liquor in any area where children are likely to be present must not be displayed in a manner which can be reasonably expected to appeal to minors
Displaying alcoholic beverages together with confectionery or snack food.
Displaying alcoholic beverages in more than one area of an off licensed premises that is also a supermarket.
Advertising liquor with cartoon characters that would appeal to children.
From Liquor & Gaming NSW in an email dated 10 August 2022:
So long as alcohol is not sold there is no issue displaying alcohol.
No information yet
On 08 August 2022, QLD Office of Liquor and Gaming Regulation refused to comment on the display of liquor at this time, requesting that florists contact them separately due to “various business models”.
On 12 August 2022, they stated that their non-answer was an answer, stating:
I supplied the response below – that we encourage individual operators to contact us directly if they have any enquires that may directly impact their business, so this way we can ensure that the information we are providing to business owners is correct at the time of the enquiry and in line with the current legislation. In some circumstances legislative advice is not as straight forward as one rule for all. You may wish to refer potential clients to the legislation currently in place under the Act that refers to Florists specifically, if this helps.
Section 14B Other exemptions for the sale of liquor (1) – This Act does not apply to the following—(g) a sale of liquor forming part of a floral arrangement or gift basket to be delivered as a gift to a person (the relevant person) other than the purchaser of the floral arrangement or gift basket, if— (i) the sale is part of a florist’s business or the business of a person selling gift baskets; and (ii) the relevant person is an adult; and (iii) the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and (iv) the gift is to be delivered to a place other than a place within a relevant restricted area; and (v) 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; and (vi) 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 or a lesser amount prescribed under a regulation; and (vii) the liquor had been purchased on a retail basis;
Note that the above response still doesn’t answer the simple question of whether a retail florist can or cannot display liquor in any form.
We encourage florists to contact them and ask why they won’t answer the question, and to let us know what they say in the comments below.
From SA Liquor and Gaming in an email dated 05 August 2022:
The liquor they are selling in their hampers can be displayed, but it needs to only been seen by customers inside the store.
No restriction on display of liquor within the premises, provided the requirements for managing the sale of liquor as above are met.
Source: Phone call with TAS Liquor and Gaming, 09 August 2022
In an email from Liquor Control Victoria dated 12 August 2022:
Provided the seller is following [the conditions in the “sale of liquor” table above] they can display liquor in their store if that liquor forms part of the ‘flowers, food or other gifts’. You can find further information on promotion and advertising guidelines and conditions here – https://www.vgccc.vic.gov.au/sites/default/files/cd_22_1525_attachment_c_-_final_revised_responsible_liquor_advertising_and_promotion_guideline_dlt_converted1_3.pdf
In an email from WA Racing, Gaming, and Liquor, dated 10 August 2022:
So long as the business is not marketing itself as a liquor business and that it is clear it is a florist business, displaying should be okay if it is within a gift hamper.