Dan Murphy’s future still ‘up in the air’ despite passage of legislation designed to smooth the way

DAN Murphy’s future in Darwin remains ‘up in the air’ despite the passage of legislation designed to close a legal loophole preventing the beer barn from setting up shop

Dan Murphy’s future in Darwin remains ‘up in the air’ despite the passage of legislation designed to close a legal loophole preventing the beer barn from setting up shop

DAN Murphy’s future in Darwin remains “up in the air” despite the passage of legislation designed to close a legal loophole preventing the beer barn from setting up shop.

A challenge to the law was due back in the Supreme Court on Friday but was adjourned following the passage of the Liquor Amendment Act in the Territory parliament this week.

The legislation came in response to a ruling, currently under appeal, that a liquor licence could not be transferred from an existing premises to one that was yet to be built.

But Dan Murphy’s parent company Endeavour Drinks Group’s business development manager James Scott-Mackenzie said it was still unclear whether the new law would remove the roadblock.

• Dan Murphy’s appeal delayed despite concern liquor licence could be revoked
• Long running Dan Murphy’s stoush to be decided by full bench of NT’s highest court
• Supreme Court to rule on legal technicality holding back Dan Murphy’s development

“We asked for the hearing to be adjourned so we could get some legal advice on the best next step for us,” he said.

“We’re just weighing up our options and seeing which direction we’re going to go with the application at this stage.”

Speaking in parliament this week, Attorney-General Natasha Fyles said the bill — which also removes a requirement that there be no significant change in the operation of the business when a licence is transferred — was proof the government had “done the hard yards in alcohol policy”.

“By removing the like for like requirement, it will allow businesses to grow in a reasonable and responsible way,” she said.

“All substitution of premises applications must still satisfy the public interest test, they must still have a community impact test — the same test that new liquor licences have.

“This is considered a safeguard that finds the balance for a business to be able to move premises.”

Despite supporting the bill, Opposition Leader Lia Finocchiaro said it “goes part way but it does not go the whole way”.

“I do not think it necessarily solves Dan Murphy’s problems but the new substitution arrangements are much more logical and practical.”

AMAZING NT News subscription offer: Only $1 for first 28 days

Territory Alliance’s Robyn Lambley went further saying the bill was too late and “the moment has almost passed”.

“We are now in a point in history where it is extremely unlikely that a Dan Murphy’s will proceed,” she said.

“This government has left it too late, because it is extremely unlikely that we will see any new businesses like Dan Murphy’s being established in the Northern Territory in the foreseeable future.”