Supreme Court dismisses Council's appeal against Dan Murphy's liquor store

Media Release 11 May 2016
On Wednesday 11 May, the Supreme Court of Western Australia dismissed the City of South Perth’s challenge against the development of Dan Murphy’s liquor store on the existing Como Hotel site, corner of Canning Highway and South Terrace, South Perth.

The development application by (AHL) approved by the Metro Centre Joint Development Assessment Panel (JDAP) on 17 April 2015 had been previously presented to JDAP twice, and on each occasion the Council, community and local and federal politicians expressed their strong opposition based on traffic, noise and safety concerns. Following approval, Council engaged a lawyer to prepare grounds of an objection and arranged for a legal review of the JDAP decision to be undertaken.

“I am extremely disappointed at the Supreme Court’s decision today. The Council strongly opposes the development of this barn-like liquor store approved by JDAP and believes there will be significant impacts to noise, traffic, disturbance to neighbours, harm and safety in our local community,” Mayor Sue Doherty said.

“According to the AAMI Crash Index 2015, Canning Highway, Como is within the top five crash hotspots in Perth. In my view this development will have considerable negative impacts on the flow of traffic on Canning Highway and South Terrace, and I believe the safety of road users will be compromised.”

“The City of South Perth has 12 liquor outlets within a 4km radius of the Como Hotel site at present. There is no need for a Dan Murphy’s in South Perth.”

The City is seeking advice on the merits of an appeal to the Supreme Court.

Last year the Council put in place stricter conditions for the approval of licensed premises within the City. At the Council’s August 2015 meeting, a new policy, ‘Licensed Premises’ (P317) was adopted. The Policy ensures that the type and scale of licensed premises is appropriate for the location, and to provide clear guidance for assessing officers and the determining body to ensure consistent decision-making.

The policy requires that all prospective small bars and liquor stores complete an Impact Assessment Report that considers the effects of parking, noise, security, rubbish and the impacts on local amenity for properties within a 500m radius. All applications for liquor stores and small bars will now also require consultation with the community.

Section 69 of The Liquor Control Act (1988) enables the City of South Perth to intervene in proceedings before the licensing authority and introduce evidence whether a premise is suitable for a liquor license; whether an alteration or redefinition of a premises should be approved; or whether people who work or live in the vicinity would be negatively impacted upon.

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