February 12th, 2025Dan Murphy’s Daylesford case heads to VCAT

After a Dan Murphy’s liquor store was banned from Daylesford because it could pose a public risk and encourage harm, especially to minors, an attempt is being made to overturn this ruling. 

Murphy’s is emphasising campaigning against under-age drinking as it prepares for compulsory mediation in the Victorian Civil and Administrative Tribunal (VCAT) this month. 

This will be followed by a July hearing, for which almost three weeks has been allotted. In what the Hepburn Shire Council called a landmark decision, the retailer’s application was rejected by the Liquor Commission in August last year, with the acting chair John Larkins saying that harm from the misusue and abuse of alcohol included family violence.

Now Murphy’s is asking VCAT to “make the correct and preferable decision” on the facts. Murphy’s says the VCAT decision was made on the “mere possibility” of risk. 

Those with knowledge of the events tell The Local that VCAT is confined to a matter of law, although the case is shaping up for a full hearing. 

A key issue is the nearness of the proposed store site in Bridport Street to the swimming pool, Lake Daylesford and other public locations. 

Twelve shire residents are involved in the VCAT hearing. Murphy’s is owned by the Endeavour Group. 

Responding to an inquiry by The Local, Endeavour says that it believes the Commission erred in its decision and did not appropriately consider the positive community benefits of having a Dan Murphy’s in Daylesford, particularly in relation to the community’s concerns about underage drinking. 

“Like the community, we were concerned about the claimed levels of underage drinking and the alleged provision of alcohol to minors in Daylesford. If these claims are true, we believe that there are a number of opportunities for existing licensees and the community to work together to address this issue. 

“Dan Murphy’s does not sell alcohol to minors and has an industry-leading approach to the requirement for identification to prove that our customers are adults.” 

It says that 44 million customers nationwide were reached in the 2024 financial year with messages about responsible drinking – the equivalent of reaching every adult drinker three times throughout the year. 

“We also have a ‘refusal of service’ policy that prohibits sales based on the risk of underage drinking and secondary alcohol supply and we exclude patrons from our premises for problematic behaviour. 

“Dan Murphy’s would support local campaigns (for example, DrinkWise’s ‘It’s OK to say nay’ campaign) to educate parents about the importance of saying no to their children if they seek alcohol before the age of 18, which existing licensees could be actively supporting.” 

Endeavour says the entire liquor industry has a role in minimising alcohol-related harm and that “our experience and knowledge – when applied to Daylesford” – could help the community. 

Endeavour says up to 30 new jobs would be created here as well as offering “local products that can be enjoyed responsibly by the Daylesford community and tourists alike”. 

“Daylesford is a unique community with a rich history and a strong sense of identity. Our goal would be to respect and contribute positively to the local heritage and culture, ensuring that our presence aligns with the community’s values.” 

Endeavour is confident that supporting local producers and regional pride initiatives, as well as contributing to the local environment and economy would be a positive contribution to the community without undermining its unique identity. 

History  

The decision to overturn the liquor licence for a Daylesford Dan Murphy’s last  August was the first time the new definition of “harm” under the Liquor Control  Reform Act had been used to refuse a licence.  

The packaged liquor licence was for proposed premises located at 63 Central  Springs Road, Daylesford.

On July 26, 2022, Victoria Police advised that it did not object while on August  12 Hepburn Shire Council CEO Bradley Thomas advised that the council objected.  

Another 204 objections were lodged to the original application.  Former Birch Ward Cr Jen Bray said it was “always going to be a huge battle to go up against a corporate entity as big as Dan Murphy’s but we felt we had to stand up  and let the Liquor Commission know how this was going to impact our children, our  teenagers and the broader community”.  

Words: Kevin Childs | Image: Contributed