Decisions about two liquor licence applications for bottle shops in Palmerston, opposed by Northern Territory Police, will be fast tracked under new laws rushed through Parliament this week.
Key points:
- The legislation was passed to fast track two liquor licence decisions
- But two additional applications related to Palmerston bottle shops are now included
- Palmerston residents and the council are against them going ahead
The Northern Territory Labor Government introduced the laws primarily to expedite a decision on a large Dan Murphy's outlet, which had previously been rejected by the NT's independent Liquor Commission on public health grounds.
The legislation means decisions about four licence applications, including Dan Murphy's, will be taken out of the hands of the independent Liquor Commission — which was set up by the Government of Chief Minister Michael Gunner — and the Government's director of liquor licencing will instead be ordered to decide on the applications in 30 days.
The laws remove the need for the director of liquor licencing to consider the community impact of the decisions, which the Liquor Commission must do.
The new law initially covered only two liquor licence applications — the Dan Murphy's application and the reinstatement of takeaway alcohol sales in the Tiwi Islands community of Pirlangimpi.
But a last-minute amendment added to the bill by the NT Government on Thursday night added two other controversial liquor licence applications in the city of Palmerston, just outside Darwin.
In the Dan Murphy's case, the decision to bypass the independent Liquor Commission has been heavily criticised by Aboriginal health groups.
The Government could now face a backlash over its decision to expedite decisions on the two Palmerston licences.
Both Palmerston applications — to use existing licences to open new bottle shops — had been opposed by the City of Palmerston Council and NT Police before they were formally refused by the Liquor Commission.
Military historian and Palmerston local Tom Lewis was among many residents who opposed one of the Palmerston proposals — an upmarket shop near where he lives in the suburb of Durack — when it first went before the Liquor Commission in July.
"I'm all in favour of small business, but it seemed to me that moving a bottle shop so close to hundreds of houses … wasn't something that Palmerston needed," he said.
Dr Lewis is also the Deputy Mayor of Palmerston, but emphasised that was speaking as a private citizen.
The company that lodged the application wanted to use an existing licence to open a boutique food and wine store, and that was welcomed by the area's landlord and gained some other local support.
But more than 20 residents, including Dr Lewis, lodged formal objections with the Liquor Commission raising concern about the risk the proposal could attract public drunkenness and other unwanted behaviour, in an area where there was a risk posed by nearby traffic.
In its decision rejecting the application, the independent Liquor Commission said it believed the application would provide a convenient source of liquor for "problem drinkers" and increase "anti-social behaviour" in the area, posing a risk for pedestrians.
"Having found that the proposed outlet would prove to be a 'magnet' for problem drinkers, the concerns raised by the police over the potential for fatal pedestrian strikes on the surrounding arterial roads are relevant," the Liquor Commission's decision says.
"The commission finds that there would be a real risk of harm to pedestrians."
Dr Lewis is now considering what options to take if the plan is approved under the new legislation, which voids the Liquor Commission's initial rejection of the plan.
"There's quite a few people that are concerned about it, and I think if it comes down to it, I think people will simply take up where they left off and continue the fight," he said.
The legislation blocks the forthcoming decision being reviewed before an independent tribunal, but some appeal avenues, such as going to the NT Supreme Court, are still in play.
Council not informed of change
The other application proposed taking an existing liquor licence from a now non-existent supermarket up the highway in Berrimah, and using it to open a new Liquorland outlet at the Oasis Shopping Village in Palmerston.
The company, which is owned by Coles, produced a range of evidence in support of the bottle shop, which would have opened in the only Palmerston shopping centre without one.
But an NT Police superintendent said there had been a notable decrease in anti-social behaviour in the area since a former bottle shop moved out of the same location.
Duty Superintendent Tony Deutrom told the Liquor Commission an existing Liquorland outlet, about 200 metres away, continued to be a "major [anti-social behaviour] hotspot" for Palmerston police.
Citing similar reasons, the City of Palmerston objected and Mayor Athena Pascoe-Bell said she was surprised to learn both applications were now back in play.
"It is a concern that these decisions [by the Liquor Commission] could be overturned," she said.
"Council's position hasn't changed — we would still oppose those particular licence applications.
"We do put the wishes of our community to the forefront, and our community has been very clear with the City of Palmerston that they want a reduction in crime and, in particular, alcohol-fuelled violence."
She said approving both locations would put an added burden on the council and the police to deal with alcohol-related problems, and noted any approval could be appealed in the Supreme Court.
"It is pushing us in a different direction and we'll review what that means for the City of Palmerston, and see what happens from here," she said.
NT Police Commander Matthew Hollamby said the force had not yet had the opportunity to consider the issue, and police decisions were based on protecting the community and reducing alcohol-related harm.
Small Business Minister Paul Kirby, who tabled the Government's bill on the fast-tracked alcohol licence decisions, was not available for an interview.