The Endeavour Group will appeal the decision of the Victorian Liquor Commission to refuse its application for a Dan Murphy’s outlet in Daylesford.
The application was refused by the VLC after a protracted battle with community objectors and Hepburn Shire Council in a landmark decision which centred on the concept of harm.
The Liquor Control Reform Amendment Act 2021 changed to include a new definition of harm arising from the use and misuse of alcohol and much of the hearing before the Liquor Control Commission centred around the potential for “harm”. Importantly, this legislative reform was triggered by the Parliament’s commitment to implement all 227 recommendations that came from the Victorian Royal Commission into Family Violence in 2016.
The VLC found that the grant of a license would cause harm to the local community, especially minors. The relative isolation of the proposed store at the corner of Bridport Street and Central Springs Road, away from the town centre and community oversight and its proximity to Lake Daylesford and historical drinking spots were seen as significant risks to increased under age drinking.
Neither community objectors nor Hepburn Shire Council will be involved in the appeal. The VLC will be the respondent when the appeal is heard.
“Council is disappointed by the Endeavour Group (Dan Murphy’s) decision to appeal the Victorian Liquor Commission ruling to refuse a licence to operate in Daylesford, however acknowledge that they have a right to an appeal process,” said Hepburn Shire CEO, Bradley Thomas. “Council and community strongly advocated for the refusal during the submission process and at hearings. We continue to believe that there is a public risk, and any decision to grant a licence would have adverse social impacts.
Council will seek legal advice and determine what steps it will now take.
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This article is based on a media release from Hepburn Shire Council.
