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OTR allowed to sell alcohol via its app after winning licensing court appeal

SA’s largest petrol station chain has won an appeal to be allowed to sell alcohol – but not through its retail outlets.

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South Australians may soon be able to purchase alcohol from the state’s largest petrol station chain via its app after a new ruling from the SA licensing court.

OTR successfully appealed to the state’s licensing court on Friday in a decision handed down by judge Brian Gilchrist after the liquor commissioner rejected an application for a packaged liquor sales licence earlier in the year.

Liquor commissioner Dini Soulio knocked back the initial application in May, saying OTR’s app was far more likely to be used by minors with a driver’s licence.

Mr Soulio was concerned advertising alcohol on the app would normalise the purchase of booze to minors, because OTR sells staple items such as fuel, food and coffee.

OTR operates more than 170 petrol stations and convenience stores across the state.

OTR operates more than 170 petrol stations and convenience stories across the state. Picture: NCA NewsWire / Dean Martin
OTR operates more than 170 petrol stations and convenience stories across the state. Picture: NCA NewsWire / Dean Martin

In the decision, Mr Gilchrist said other successful applications from supermarkets were similar to OTR’s submission.

“I struggle to see any differentiation between OTR’s application and the applications made by and granted to Coles and Woolworths,” the decision document noted.

“It is true that minors may be attracted to facilities co-located with stores such as Krispy Kreme, Subway and the like.

“But many Coles and Woolworths stores are also co-located with facilities that minors might find attractive.”

While state law prohibits the sale of alcohol at convenience stores or petrol stations, it can be sold to consumers online or over the phone.

Woolworths and Coles sell alcohol online and in-store through the brands BWS and Liquorland.

In a statement following the decision OTR said it was pleased with the decision but had not yet moved to sell alcohol.

“OTR welcomes today’s decision by the South Australian Liquor Licensing Court to allow the sale of alcohol through the OTRapp,” it said. “OTR has no immediate plans to commence alcohol sales.

“However, the decision provides the company with the certainty to plan how and when to provide these products in future.”

Original URL: https://www.adelaidenow.com.au/business/sa-business/otr-allowed-to-sell-alcohol-via-its-app-after-winning-licensing-court-appeal/news-story/b994d5a143f70137986ac3d35d3fc01f