Yet another hurdle laid down in front of Dan Murphy’s application for a Darwin store

DAN Murphy’s will have yet another hurdle to overcome before a final appeal into their proposal to open a store in Darwin

Dan Murphy's will have yet another hurdle to overcome before their final appeal into a proposal to open a store in Darwin

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DAN Murphy’s will have another hurdle to overcome before their final trial for their Darwin proposal, with an appeal lodged over the substitution of a liquor licence in their proposal.

With the hearing to be held on Thursday, December 5, legal representative for the Foundation of Alcohol Research and Education, the Public Health Association NT Chapter and Lesley Alford, Tom Anderson, said an appeal against Dan Murphy’s initial appeal was being made on how a liquor licence from a Stuart Park store could be “substituted” to a larger-scaled Dan Murphy’s outlet in Eaton.

“This is clearly not an application to move a BWS store or the Douglas St store to another premises,” he said.

“Essentially what the application has sought to do is … (Dan Murphy’s) saying ‘we want to open a completely new and different licence’.”

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But Woolworths’ legal representative Alistair Wyvill SC said the company always intended on transferring the licence to the larger Dan Murphy’s superstore, rather than redeveloping the now non-existent BWS.

“The whole point of this is to bring Dan Murphy’s to Darwin,” he said.

“It’s never been suggested what we’re doing is some modification on the store in Stuart Park.”

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 application against Dan Murphy’s appeal will determine how any influence be drawn from the word substitution, and if Dan Murphy’s avenue of appeal was the right one to take.

NTCAT president Richard Bruxner said the liquor legislation was “appallingly drafted” and clarification of the appeal was needed.

“Substitute to me is an ambiguous word, it’s capable of a variety of meanings,” he said.

If the appeal is upheld against Dan Murphy’s, the liquor merchant’s only option could be to take it to the Supreme Court.

However, if Dan Murphy’s appeal is supported, the matter will go to trial next year, as late as March or April.