By James Atkinson
Woolworths has failed to convince the Supreme Court of Western Australia that liquor regulators erred in rejecting the retailer's application for a new Dan Murphy's store in suburban Perth.
Woolworths' bid to open a Dan Murphy's store in Bicton dates back to July 2009, when it lodged an application with WA's Director of Liquor Licensing.
The application was referred to the Liquor Commission of Western Australia and eventually refused more than two years later on August 30, 2011.
Woolworths appealed the decision to the WA Supreme Court arguing that regulators incorrectly applied the public interest test in deciding the store application should be refused.
But Judge Eric Heenan last month rejected all eight grounds of the retailer's appeal.
"Just because an application may be for a bigger, more efficient or more popular liquor outlet and that such an outlet may involve the development of the liquor industry does not entitle such an application to proceed," he said.
"Wider considerations involving the public interest must also be assessed and determined."
The culmination of the three-year saga in failure continues Woolworths' torrid time battling WA liquor regulators.
Woolworths has not yet indicated whether it will appeal the decision, the full text of which is available here.