WA Supreme Court supports appeal for liquor store at Maylands Peninsula Tavern site

Stock image.
Stock image.

THE WA Supreme Court has supported an appeal for an extended liquor license to be granted for a Dan Murphy’s at the Maylands Peninsula Tavern site, “appalling news” according to Maylands MLA Lisa Baker.

Last year the WA Liquor Commission knocked back an extended liquor license for the $3.5 million booze barn and small tavern following a community outcry; applicant Australian Leisure Hospitality (ALH) then appealed the decision in the Supreme Court.

Residents’ concerns about the nearly 1000sq m development included an increase in antisocial behaviour, its location in a residential area and on a railway line, and the existence of six bottle shops within a 1km radius.

In a decision released late last month, the Supreme Court stated the appeal was allowed and the decision quashed due to “consideration of public interest” and should be sent back to the WA Liquor Commission for reconsideration.

ALH stated the commission denied the application “procedural fairness.”

Ms Baker said the decision was in opposition to the wishes of community and Bayswater council.

Last year, Bayswater council amended its Town Planning Scheme to state large liquor stores – more than 300sq m – were prohibited in Special Control Area 7, which includes the Maylands Peninsula Tavern site.

“It’s appalling news that we will be faced with a further fight,” she said.

Ms Baker has called for meetings with the new Police and Health ministers, who have the power to request an appeal of the Supreme Court’s decision at an appellant court.

An ALH spokesman said it would not comment as the application was in progress.

Last year WA Liquor Commission chairman Seamus Rafferty released a document stating his support for the license, a decision which was overruled in February by his two fellow commissioners.

Mr Rafferty said granting the liquor application was “in the public interest”.