Larter v Commissioner for Fair Trading; Commissioner of Police, New South Wales Police Force [2019] NSWCATOD 209

Larter v Commissioner for Fair Trading; Commissioner of Police, New South Wales Police Force [2019] NSWCATOD 209

The Tribunal found that, despite the applicant's past drug-related convictions and associated criminal history, there was significant evidence of rehabilitation and positive change, including abstinence since his last conviction, supportive character references, and absence of criminal activity for almost three years. Thus, subject to a condition requiring total abstinence from prohibited drugs, he is a fit and proper person to hold a tattooist licence and it would not be contrary to the public interest to grant the licence.

Parties
Applicant: James Larter; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police, New South Wales Police Force
Jurisdiction
Australia
Judgment Date
15 May 2019
Procedural Posture
Administrative Review / Merits Review of Refusal of a Tattooist Licence
Outcome
Application allowed; decision refusing a tattooist licence set aside.
Legal Topics
Licensing, Tattoo Parlours, Fit and Proper Person, Public Interest, Drug Offences, Criminal History, Rehabilitation, Character References
Administrative Law Regulatory Law Licensing Tattoo Parlours Fit and Proper Person Public Interest Drug Offences Criminal History +2 more

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Parties

James Larter

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police, New South Wales Police Force

Second Respondent

Procedural Posture

Administrative Review / Merits Review of Refusal of a Tattooist Licence

Legal Issues

  1. 1 Whether applicant is a fit and proper person to hold a tattooist licence
  2. 2 Whether granting the licence would be contrary to the public interest

Ratio Decidendi

The Tribunal found that, despite the applicant's past drug-related convictions and associated criminal history, there was significant evidence of rehabilitation and positive change, including abstinence since his last conviction, supportive character references, and absence of criminal activity for almost three years. Thus, subject to a condition requiring total abstinence from prohibited drugs, he is a fit and proper person to hold a tattooist licence and it would not be contrary to the public interest to grant the licence.

Court Disposition

Application allowed; decision refusing a tattooist licence set aside.

Orders

  • Decision under review set aside.
  • A tattooist licence is to be issued to the applicant.