The decision by the Victorian Liquor Commission (VLC) to refuse a local packaged liquor license for Dan Murphy’s in Daylesford will go to VCAT.

The Endeavour Group has applied to the Victorian Civil and Administrative Tribunal (VCAT) to review the decision of the Liquor Control Commission to refuse a liquor license for the proposed Dan Murphy store on the corner of Central Springs Road and Bridport Street.

The VCAT appeal is between the Applicant, Endeavour Group Limited, and the Respondent, Victorian Liquor Commission.  Twenty-two parties who made representations to the VLC review, including Hepburn Shire Council, have been notified and have the ability to seek to be joined to the proceedings.  Council intends to lodge a request to be joined as a party.

The Dan Murphy’s proposal is for a 620 square metre supermarket style packaged liquor store. This would more than double the size of packaged liquor outlets for the local area. The proposal led to a number of local residents objecting to the impact of the proposal.

Nevertheless, the original decision of the Commission was to grant a liquor license in 2022. The Commission’s delegate reasoned that despite local objections, there was insufficient evidence to support the claims that the proposed Dan Murphy’s outlet would increase risks of amenity detriment, nuisance, anti social behaviour and increased domestic violence.

Subsequently a number of local residents sought an internal review of the decision by the Commission. The Commission conducted an internal review in 2023 and early 2024. Public hearings were held over a number of days with extensive evidence from the licensee, members of the community and expert witnesses for both the licensee and the review applicants.

The Commission noted that harm minimisation is the primary objective of the relevant legislation and concluded that there was a significant risk that the granting of the license would result in increased alcohol related harm to the local community, particularly in relation to under age drinking. It therefore set aside the original decision and refused the license.

Endeavour Group, which owns Dan Murphy’s, is now seeking a review of the Commission’s decision. It wants VCAT to uphold the original decision of the Commission’s delegate and issue the packaged liquor license for the Central Springs premises.

The Endeavour Group is arguing that the Commission made an error in

  • not affirming the decision of the delegate to grant a packaged liquor licence for the premises the subject of the decision;
  • finding that the grant of the Licence would be conducive to or encourage harm, specifically to minors;
  • its assessment of the evidence relied upon in making its findings against the applicant for review, particularly on issues relating to harm;
  • its weighting of positive and negative factors arising from the application;
  • its application of the test relevant to the grant of a licence, in that it proceeded on the basis that a mere possibility of any additional risk was sufficient; and
  • its consideration that there was sufficient evidence to conclude that the risks it identified existed to find that the grant of the Licence would be conducive to or encourage harm.

A VCAT directions hearing will be held on 10 December, which will provide clarity on the future hearing process.  All parties will then be in a better position to decide on the extent of their participation in the process.  If any person notified has any queries, they should contact VCAT directly.

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Local Dan Murphy Application Rejected by Victorian Liquor Commission