The venue pours. Where the cellar door serves the tastings under its own liquor licence, with its own staff, the licence and the responsible service of alcohol obligations sit with the venue. Your duty is still to run a safe tour: noticing a guest who is unsteady, not steering the group to more tastings when someone has clearly had enough, and getting everyone on and off the vehicle safely.
Your tour supplies the wine. If the ticket price includes wine you serve yourself, such as bottles with a picnic lunch or drinks on the vehicle, you are the supplier. Calling the wine complimentary doesn't change that where guests have paid for the tour. Liquor & Gaming NSW says a licence is required if free drinks are offered as part of a package, and Liquor Control Victoria says a licence is needed where alcohol is included in the ticket price. Tell the underwriter too, because it changes how they look at the risk.
The rules, state by state (as at October 2026). Queensland exempts a sale by a tour operator to an adult on a tour booked with that operator, up to 2 standard drinks per person per day, outside restricted areas and restricted hours (Liquor Act 1992 s 14B(1)(k)). Western Australia exempts complimentary supply only, by a tourism business that the regulator says must be certified under the Australian Tourism Accreditation Program, where the person serving has approved RSA training, it is not supplied or consumed on licensed premises, a road or a restricted area, and the occupier consents (Liquor Control Regulations 1989 reg 8CA). A separate WA rule lets adult passengers drink, but not buy, in an on-demand charter vehicle for no more than 14 adult passengers, hired for at least an hour and booked before the journey (reg 8F). The ACT exempts a limousine or tour business serving no more than 12 adults, up to 2 standard drinks each, at no charge (Liquor Act 2010 s 8A(3)(e)). NSW has no tour exemption: the route there is a tour authorisation attached to an on-premises licence, with food available whenever liquor is served (Liquor Regulation 2018 cl 46). Victoria, South Australia, Tasmania and the Northern Territory list no tour exemption, so a licence or permit is needed. Our guide to food and alcohol on tours has the detail for each state.
Intoxication and claims. The High Court has held that a club with a liquor licence owed no duty to protect an adult patron from the consequences of her own drinking (Cole v South Tweed Heads Rugby League Football Club Ltd [2004] HCA 29), and later said that only an exceptional case would be different (C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board [2009] HCA 47). State law adds its own rules. In Queensland, a person is not owed a duty of care merely because they are intoxicated, but that protection is switched off for conduct on premises with a liquor licence, and contributory negligence is presumed with a reduction of at least 25% unless rebutted (Civil Liability Act 2003 ss 46 and 47). Tasmania also presumes contributory negligence where the injured person was intoxicated (Civil Liability Act 2002 s 5).
Where insurance still comes in. None of that stops a guest making a claim, and it does not answer a claim by someone the drinker injures, or a guest hurt by your own negligence. Defending a claim costs money. Defence costs for a covered claim, on top of the limit, up to the costs cap, are part of what public liability pays for. The tour operator claims and court cases guide walks through the decisions.