Reading previous decisions made about development and liquor license applications can help establish what factors are important in the decision-making process for future approvals.
Rejection of a Development Application: decision by Liverpool City Council, 2013
The decision made by the Liverpool City Council not to approve the Development Application for a Dan Murphy’s in Moorebank South-West Sydney, provides an informative illustration of the Local Council processes and the need for community engagement. This case study considers the Local Council Development Application (DA) phase and the efforts required by community members to oppose to the Development Application.
Read the case study here.
Rejection of extended trading hours: decision from the Independent Liquor and Gaming Authority (ILGA) 2013
A bar in Sydney CBD made a submission to ILGA requesting they be able to trade until 2am seven days per week. A range of stakeholders including the Sydney City Council, the Director General and the NSW Police all supported the extension of trading hours.
ILGA considered the number of liquor licenses in the area and the rates of alcohol-related crime in the area. Given the venue was in an area where there is high levels of harms caused by alcohol, ILGA rejected the application as they did not believe extended trading hours of the bar was in the public interest.
Read the rest of the case study here.
Read the decision here.
Rejection of bottle shop: decision from the Independent Liquor and Gaming Authority (ILGA) 2012
Byron Council approved a DA for a Dan Murphy’s. The local community then mounted a significant community campaign against the new liquor licence.
ILGA attended a community briefing in Byron Bay. ILGA’s members heard from both Woolworths’ officials and a number of local community representatives opposed to the application.
ILGA rejected the new liquor licence application. The decision identified indicators of the rate of alcohol harm and related crime for the Byron Bay location compared with the state average. ILGA found that an additional large packaged liquor outlet would:
· Make a significant contribution to under-age drinking;
· Facilitate drinking in Alcohol Free Zones (AFZ) and other public places;
· Contribute to preloading.
Read the decision here.
Approval of a Dan Murphy’s in Nowra: decision from NSW Land and Environment Court 2012
A range of community interests opposed a new Dan Murphy’s in Nowra. The Shoalhaven Council rejected the DA on the basis of the unacceptable social impact particularly amongst the nearby socially disadvantaged community. This rejection led to an appeal to the NSW Land and Environment Court who found in favour of the owners of Dan Murphy’s – Woolworths.
The court found an increase in the number of liquor outlets was likely to increase alcohol consumption at risky levels and increase associated harm in the community. However, the court also determined that these harms could be reduced if Dan Murphy’s- Woolworths:
· Closed the existing BWS store;
· Prevented the sale of cask wine over 2 litres;
· Had management procedures and policies in place, including Responsible Service of Alcohol (an existing legal obligation) and Closed Circuit TV monitoring;
· Did not do promotional letter box drops in the nearby vicinity.
The appeal was approved and the store opened.
Read the decision here.
Rejection of a Dan Murphy’s in Campbelltown: decision from NSW Land and Environment Court 2013
Campbelltown City Council refused a Dan Murphy’s DA because of its unacceptable social impact and high risks of alcohol related harms.
Dan Murphy’s –Woolworths appealed this decision at the NSW Land and Environment Court by proposing a range of measures to mitigate the harms associated with opening a Dan Murphy’s.
The court ruled that the mitigation measures proposed by Dan Murphy’s- Woolworths were not capable of reducing harms. The appeal was dismissed and the store did not open.
Read the decision here.
More case studies are coming soon.
