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NO DAN MURPHY'S @ CAREEL HEAD ROAD AVALON
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$2,330 raised of
23 donations
Help us fight a legal loophole trying to shut our community out of its own future.
Our community doesn't stop at 100 metres — and neither does the impact of a bottle shop.
We're the residents of Careel Bay, Palm Beach and Whale Beach — and right now, a technicality is being used to try to silence us.
We've spent months fighting a packaged liquor licence at 1–3 Careel Head Rd through the proper channels. We lodged a formal appeal with the NSW Civil and Administrative Tribunal (NCAT), backed by NSW Health's own submission, arguing the decision to approve this licence didn't meet what the Liquor Act 2007 requires.
Then, on the eve of the hearing, we got a letter.
A lawyer for the regulator has told our Associations that under section 13A(5) of the Liquor Act, none of our current co-applicants live within 100 metres of the site — so, technically, we may not have standing to appeal at all.
100 metres. That's the line being drawn between "affected" and "irrelevant." Anyone who's ever watched a carload of takeaway alcohol leave a bottle shop knows it doesn't stop at a boundary line. It moves into streets, into homes, into a whole community — and so do the consequences.
Why this matters
● A takeaway liquor outlet affects safety and amenity for the whole neighbourhood, not just the houses next door — that's exactly what the Liquor Act is meant to protect.
● NSW Health itself opposed this licence on public health grounds.
● We believe the Authority's original decision fell short of sections 3 and 48 of the Liquor Act — and we deserve the chance to argue that in front of NCAT, not have the case knocked out on a technicality.
● If a 100-metre rule can be used to strip a whole community of its voice, it can happen anywhere, to anyone, next.
What your donation funds
Fighting a last-minute jurisdictional challenge means fast, serious legal work — and we're doing this as volunteers, not a funded lobby group.
● Urgent legal advice to respond to the standing challenge before the hearing
● Expert evidence and submissions on community amenity and public health impact
● Filing and tribunal costs
Every dollar keeps this appeal alive and keeps our community's voice in the room.
This is bigger than one bottle shop
This fight is about whether ordinary residents get a real say in decisions that reshape their neighbourhood — or whether a technical clause can be used to shut the door before the argument is even heard.
We're not against a fair hearing. We're asking for one.
Chip in what you can. Share this with your neighbours. Help us make sure 100 metres doesn't get the final word.
Funds raised will go directly toward legal fees and disbursements associated with the NCAT appeal brought by the Careel Bay Residents Association and the Palm Beach and Whale Beach Residents Associations.
