For residents around Careel Bay, the next stage of their challenge to an approved Dan Murphy’s packaged liquor licence is about whether they will get the chance to make their case at all. An NCAT hearing in September will determine whether the Avalon community applicants have standing to pursue a full review.
The Careel Bay Residents Association and Palm Beach and Whale Beach Residents Association have lodged material addressing their standing before the NSW Civil and Administrative Tribunal, after months of opposition to the proposed outlet at 1–3 Careel Head Road.
An interim hearing is listed for 7 September 2026 at John Maddison Tower in Sydney. The Independent Liquor & Gaming Authority, represented by the NSW Crown Solicitor, and Endeavour Group have a right of reply before the matter returns to the Tribunal.
For the residents involved, that procedural question comes before any of their concerns about the licence itself can be considered. Unless standing is established, their substantive challenge will not proceed.
A 100-Metre Line Around Careel Head Road
At the centre of the immediate dispute is a 100-metre boundary around the proposed premises.
The associations say they were advised that section 13A(5) of the Liquor Act 2007 could affect their ability to seek review because none of their current co-applicants lives within 100 metres of the site.
Residents contend that the neighbourhood effects they want considered do not end at that boundary. Their concerns include traffic, safety and amenity on surrounding streets, while part of the land falling within the 100-metre area is described by the groups as playing fields and public roadway rather than homes.
The associations have also identified reform of the fixed-distance rule as a longer-term objective, arguing that eligibility should better account for residents affected by a packaged liquor outlet beyond the immediate radius.
Residents Say Some Households Missed the Notice
How residents first learned of the liquor licence application has become another part of their standing case.
The groups say there was no letterbox drop and that notice of the application was instead displayed in a shop window at the Careel Head Road site. They say the notice invited submissions without referring to a 100-metre cut-off.
The Careel Bay Residents Association later carried out its own letterbox exercise. It reported that 20 per cent of households within the notification area said they had not been notified of the application.
For the association, those households form part of the argument that residents who say they missed the original application process should still have an opportunity to put their concerns before the Tribunal.
What Residents Hope to Have Heard
If NCAT finds that the applicants have standing, the focus can shift from who is entitled to seek review to the merits of the licence approval.
The community groups intend to raise the location of the packaged liquor outlet within the same redevelopment as a 60-place childcare centre, its proximity to youth-focused facilities and playing fields, and concerns about traffic, safety, alcohol availability and harm-minimisation measures.
They also intend to argue that the surrounding area is already served by several liquor outlets and that there is insufficient evidence of unmet community demand.
Northern Sydney Local Health District previously raised concerns that the development could increase young children’s exposure to alcohol and alcohol marketing.
Residents also want NCAT to examine statements in the applicant’s Statement of Risks and Potential Effects concerning positive community impacts and alignment with community needs and aspirations. The groups say the applicant acknowledged that residents and stakeholders had not been consulted before the application was lodged.
Those matters will not be determined at the September standing hearing.
Local Donations Support the NCAT Challenge
The effort has also drawn financial support from the community as the associations prepare for the proceedings.
A GoFundMe campaign had raised $2,900 towards a $3,500 target from 33 donations. Contributions ranged from smaller donations to a listed $500 contribution.
The associations say the money will go towards legal advice, expert evidence and submissions concerning community amenity and public health, along with filing and Tribunal costs.
An update posted on 8 August said the groups had lodged their standing documentation and were awaiting the responses permitted before the September hearing. Any money left unspent was intended to be donated to the Foundation for Alcohol Research and Education.
Licence Follows Earlier Avalon Development Approval
The dispute centres on the redevelopment of the former Careel Shopping Village at 1–3 Careel Head Road.
The approved three-storey development includes the Dan Murphy’s outlet, three specialty retail spaces and a 60-place childcare centre. Development consent for an amended design followed a NSW Land and Environment Court conciliation process, with the childcare entrance and lift separated from the liquor store premises.
About 100 submissions were received when the original development application was exhibited in 2024, with concerns including the combination of uses, traffic and flooding.
ILGA later approved the packaged liquor licence. Its decision noted there were no police objections and no identified local crime hotspots for alcohol-related non-domestic assault, malicious damage or disorderly conduct, while finding the proposal would increase convenience and choice.
For the associations and residents who have continued their challenge, the next decision remains a more basic one: the NCAT hearing on 7 September will determine whether they have standing to put the substantive Careel Head Road liquor licence case before the Tribunal.
Published 12-August-2026
