Dan Murphy’s to fight Liquor Commission over location queries, economic benefits and prices

DOCUMENTS obtained by the NT News reveal the arguments Dan Murphy’s will use in its attempts to set up a liquor superstore in Darwin

An artist’s impression of the proposed Dan Murphy's business development. Picture: Supplied

DOCUMENTS obtained by the NT News reveal the arguments Dan Murphy’s will use in its attempts to set up a liquor superstore in Darwin.

Density of liquor stores, misconceptions over the prices of drinks and errors in the location of a number of community surrounds will make up elements of Dan Murphy’s appeal against the Liquor Commission decision to reject a proposal for a Dan’s to be built in Eaton.

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The appeal will argue the commission didn’t consider the density of liquor stores where the new Dan Murphy’s store would be established and wrongly concluded the superstore would bring an increased risk to problem drinkers.

“Darwin Dan Murphy’s was likely to have the greatest range of wine at prices at or just above the price required by the MUP,” the appeal said.

“There was no evidence to connect the range of wine available at any particular outlet with the misuse of alcohol.”

The appeal also said the commission also noted the Darwin sobering-up shelter, which previously operated in Coconut Grove, was within 1km of the proposed site and could provide health impacts on at-risk Territorians.

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But that shelter now operates out of Tivendale Rd, Berrimah – almost 11km away from the proposed Eaton site.

Dan Murphy’s will also argue the commission “failed to take proper account of the benefits” of the proposed store “by failing to give any or any sufficient weight to evidence regarding the employment and other benefits of the construction of the premises”.

The appeal also noted experts, including Australian Liquor Marketers general manager Paul Tisato, had their arguments accepted despite being contradicted by other evidence.

“The commission erred in accepting the evidence of Mr Tisato as uncontradicted and unchallenged that 50 per cent of the sales of bottled wine at Dan Murphy’s is in the $10 or less wine category, when that specific evidence given by Mr Tisato was … contradicted by Mr Gavin Duane, an independent expert,” the appeal said.

However, before Dan Murphy’s will be given the opportunity to appeal the Liquor Commission’s decision it will need to survive an appeal against it from the Foundation of Alcohol Research and Education, the Public Health Association NT Chapter and Lesley Alford.

That appeal is questioning the legitimacy of Dan Murphy’s own appeal, with the group arguing the ambiguity of the word “substitution” had compromised Dan Murphy’s argument.

An NT News poll in September found 88 per cent of 1575 respondents supported a Dan Murphy’s store in Darwin, while just 9 per cent were against it and 3 per cent didn’t care either way.

The appeal against Dan Murphy’s will be heard early next month.