At the March Council meeting, Council resolved to make a written submission to the Victorian Civil and Administrative Tribunal (VCAT) in relation to the ongoing appeal by the Endeavour Group against a Liquor Licencing Commission decision to refuse a packaged liquor licence for a Dan Murphy’s outlet at 63 Central Springs Road, Daylesford.
In early 2023, the Council, alongside a large number of community members, objected to the granting of this liquor licence. A four-week hearing was conducted by the Liquor Licensing Commission, during which the Council was represented by a barrister, while the majority of community members represented themselves. Several expert and lay witnesses provided testimony during the hearing, however the Council did not call any expert witnesses.
Following the Commission’s decision to reject the liquor licence application, the Endeavour Group challenged the decision at VCAT. The current matter at VCAT is between the Endeavour Group and the Liquor Licencing Commission. Council’s involvement is limited to its role as a party to the appeal, similar to that of community members.
In preparation for the VCAT hearing, Council officers outlined potential courses of action for Council’s level of involvement and representation. Council officers recommended that Council make a written submission to VCAT rather than engage a barrister to represent Council at the VCAT hearings. Ron Torres, Director Development and Community, said that the estimated cost of preparation and attendance at hearings for a barrister would be in the neighbourhood of $92,000.
“After careful consideration, Council has resolved to making a written submission, minimising the Council’s financial and resource commitment while still providing a strong, formal submission to VCAT,” said Cr Don Henderson. “The decision reflects our commitment to support the views of the local community while balancing our financial responsibilities,” he said.
The VCAT hearing is scheduled to take place in the coming months, and the Council will continue to keep the community informed about any developments.
The matter was to have been discussed in the Closed portion of the meeting reserved for confidential matters but was moved to the Open part of the meeting by a unanimous vote of Councillors. The stated reason for the move was the community interest in the proposed liquor outlet but Council is also clearly trying to demonstrate increased transparency in view of the current community unrest about The Rex fiasco and proposed rates rises.
