August 26th, 2025Under-age drinking not happening, says Dan
Little or virtually no under-age drinking happens in Daylesford. That is the conclusion of “discreet surveillance” by private investigators hundreds of times late last year and early this year.
Two undercover agents were contracted by the liquor giant Endeavour Group as part of its effort to get a licence for Dan Murphy’s.
In a landmark ruling in August last year the Liquor Commission rejected Murphy’s application after 240 objections because it could pose a public risk and encourage harm, especially to minors.
Endeavour hired a top barrister to take its case to the Victorian Civil and Administrative Commission (VCAT). This led to 1000 pages of evidence seen by The Local, including a highly detailed report by the private eyes, submitted during a three-week hearing.
RIVICA Investigations & Covert Solutions sent principal investigator Richard James and senior investigator Geoff Fagan to turn over four sites and report weekly to the leading international law firm King & Wood Mallesons.
Chosen were Vincent Street, between Albert Street and Central Springs Road, Lake Daylesford, Daylesford Skate Park & Community Park Playground and Cornish Hill Nature Reserve. Each was studied 117 times between 5.30pm and 10.30pm for 12 weeks.
No minors were seen with or consuming alcohol. Each time during the first visit of the evening, however, an empty alcohol container was found at Thomas’ Lookout at Cornish Hill. Discarded alcohol containers found sporadically in small numbers at Lake Daylesford and Cornish Hill suggested occasional consumption outside the observation periods, the investigators say.
Some adults were seen at the lake drinking alcohol while seated around picnic tables or on the grass engaging in conversation, but none showed signs of intoxication and no minors were seen being provided alcohol by adults, or with alcohol.
Just a single discarded empty can, or bottle of alcohol, was spotted four times around the lake on the first night prowl.
With the public hearing now completed, a decision is expected to take some time.
In February this year, responding to an enquiry by The Local, Endeavour said it believed 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.”
History
The decision to overturn the liquor licence for a Daylesford Dan Murphy’s in August 2024 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.
Words: Kevin Childs | Image: File
