Hepburn Shire Council is celebrating a win in its two-year battle to keep alcohol retailer, Dan Murphy’s, out of Daylesford.
The Endeavour Group appealed the Victorian Liquor Commission’s landmark ruling to refuse a licence to operate in Daylesford in 2024 and have been arguing their case in VCAT throughout July and August this year.
In upholding the Commission’s decision, VCAT stated, “Put simply, we have decided not to grant the liquor licence because of particular local, social, demographic and geographic circumstances. The premises is located in an education and family friendly area with children of all ages present throughout the year. The location of the premises means that children going to and from school, in care, at school or at leisure will be exposed to this packaged liquor premises. There is a risk of harm to minors from exposure to the premises and the potential for normalisation of alcohol associated with this location. This is a circumstance where precaution is warranted.”
Mayor, Don Henderson said the decision was a win for the community and Council.
“This is a win for Daylesford, the community, the Shire and Council. VCAT’s decision to refuse the Endeavour Group a liquor licence to operate in Daylesford is a huge relief for us all,” said Mayor Henderson.
“This decision protects our community, especially our young people, from the risk of increased harm from the misuse of alcohol. This decision proves that when Council and the community work together, anything is possible.”
The Council has extended its gratitude to a community group that it says put in a considerable amount of time and effort to object to the licence.
“I know that this outcome was achieved by the grit and determination of our community. Thank you to those who stood alongside Council as we fought to keep our community safe,” said Mayor Henderson.
When the Victorian Liquor Commission refused Endeavour Group a licence to operate in Daylesford, this was the first time the new definition of “harm” under the Liquor Control Reform Act 1998 was used, making it a landmark decision.
“This is an important test case, and the decision hopefully invigorates other communities to stand up for what they believe to be right. I am incredibly proud of the work our Council has done to support our community in this fight,” said the Mayor.
Read the decision on the AustLII website.
