Dan Murphy’s barred from Daylesford over ‘harm’ and public risk in David and Goliath battle
Daylesford locals are raising a toast after a David and Goliath battle victory against Dan Murphy’s, where they managed to exile the liquor giant from the iconic town in a landmark decision.
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Daylesford community advocates have sent booze giant Dan Murphy’s packing after winning their David and Goliath battle in a landmark decision.
Dan Murphy’s plans to build a grog shop in Daylesford were shot down by the Victorian Liquor Licence Commission after more than 200 locals fought against its move to build in a “really inappropriate place” where a lot of children, young families and teenagers spend time, Hepburn Shire councillor Jen Bray said.
Locals formerly objected to the plans over concerns the bottle-o would be located opposite a kindergarten, primary school, swimming pool, school bus stop and Lake Daylesford — a “generational drinking spot” where young people hang out — exacerbating the existing under-age drinking problem.
“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,” Ms Bray said.
Despite the number of objections, the VLLC initially approved the licence on the grounds there wasn’t enough evidence provided by the objectors to refuse it, forcing an appeal.
The community mobilised and brought expert evidence to bear to prove the harm the Dan Murphy’s would cause in their town.
Daylesford resident Lynda Poke told the commission Daylesford had three times the number of packaged liquor retailers per capita than the state average, after consulting with Professor Michael Livingston, an expert in packaged liquor density research.
Prof Livingston found if the new Dan Murphy’s was approved, it would make Daylesford’s packaged liquor density it four times more than the state average.
“In other words, we are awash with packaged booze,” she said.
In outlining its reasons for knocking back Dan Murphy’s Daylesford application, the VLLC said the risk of harm outweighed any positive benefits.
The Commission concluded granting the licence would encourage harm to the local community, especially minors.
The landmark ruling was the first time the new definition of “harm” under the Liquor Control Reform Act had been used to refuse a licence.
“Dan Murphy’s needs to think about how they will impact young people in the future and engage with the local community before launching a similar application,” Ms Bray said.
Ms Bray participated in the appeal as an individual community member and did not represent Hepburn Shire.
On Saturday, the community will meet at the proposed site to celebrate.
A spokesman for Endeavour Group, representing Dan Murphy’s, said it acknowledged the commission’s ruling, and was “currently reviewing next steps”.
“We take our responsible service obligations seriously and have a strong track record in promoting responsible consumption. We have always worked in close consultation with local stakeholders and will continue to do so,” the spokesman said.