How a Dan Murphy’s appeal will work

For a Dan Murphy’s to open in Darwin here is what would need to happen.

An artist’s impression of the proposed Dan Murphy's Darwin. Picture: SUPPLIED

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Dan Murphy’s last chance to bring a superstore to Darwin may rest on a review of the decision Endeavour Drinks Group has to lodge by October 18.

Six weeks after an appeal is lodged, before the end of November, Territorians should know whether Dan Murphy’s will be setting up shop.

As the NT News revealed yesterday, Endeavour Drinks Group business development manager James Scott-Mackenzie yesterday ruled out a relocation of the Eaton-proposed store due to time constraints.

It means any appeal will be likely made on the Liquor Commissions decision, which found “the harmful consequences of easier access to cheaper alcohol for this community (within 2km of the store) would be significant and greatly outweigh the benefits the store would provide”.

In a number of meetings before the October 18 deadline, Mr Scott-Mackenzie, Endeavour general manager of corporate services Shane Tremble and a number of other stakeholders will determine the best avenue for appeal on the Liquor Commission’s findings.

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The appeal may be made in a hearing format or simply based on written submissions of the appealers if there is no need for a hearing.

James Scott- Mackenzie and Shane Tremble at Dan Murphy's Willoughby in 2013.

“If a directions hearing is required, it is to be held at the earliest available dates of the parties to determine preliminary matters before the final hearing,” the Liquor Commission Proceedings manual says.

“Generally, a matter will be heard and determined within six weeks from the date of lodgement of the review application.”

An example of Dan Murphy's social media advertising campaign.

In some cases, the commission may grant extra time for an applicant to make an appeal.

Dan Murphy’s has already had success in appealing decisions, with Darwin Council initially having concerns about the proposal.

In August last year, Darwin Council was presented with the liquor application for the Dan Murphy’s proposal, deciding to seek more information on the community impact and the store’s operation.

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Council gave its support to Dan Murphy’s after it received a risk management strategy and a community impact statement in a confidential meeting, provided the measures within the strategy were adopted.