Brown v Department of Fair Trading [2020] NSWCATOD 174

Brown v Department of Fair Trading [2020] NSWCATOD 174

The Tribunal was satisfied that the applicant's past association with an OMCG member was historical, he had distanced himself and has no continuing association, and that minor criminal and traffic matters and inadvertent past unlicensed trading were sufficiently explained and not so serious as to render him unfit; the correct and preferable decision was to set aside the refusal and grant the tattoo operator licence, as neither fitness nor the public interest warranted refusal in all the circumstances.

Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Administrative Review / Merits Review Before Tribunal
Outcome
Decision under review set aside; applicant granted tattoo operator licence.
Legal Topics
['tattoo Operator Licences' 'fit and Proper Person Test' 'public Interest' 'omcg Influence' 'disclosure Obligations']
['administrative Law' 'licensing Law'] ['tattoo Operator Licences' 'fit and Proper Person Test' 'public Interest' 'omcg Influence' 'disclosure Obligations']

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Procedural Posture

Administrative Review / Merits Review Before Tribunal

Legal Issues

  1. 1 ['Whether the applicant is a fit and proper person to hold a tattoo operator licence' 'Whether it is contrary to the public interest to grant the applicant a licence' 'Impact of failure to disclose close associates on the application' 'Effect of past unlicensed trading and criminal/traffic history on fitness and propriety']

Ratio Decidendi

The Tribunal was satisfied that the applicant's past association with an OMCG member was historical, he had distanced himself and has no continuing association, and that minor criminal and traffic matters and inadvertent past unlicensed trading were sufficiently explained and not so serious as to render him unfit; the correct and preferable decision was to set aside the refusal and grant the tattoo operator licence, as neither fitness nor the public interest warranted refusal in all the circumstances.

Court Disposition

Decision under review set aside; applicant granted tattoo operator licence.

Orders

  • ['The decision under review is set aside.' 'The decision is made that the tattoo operator licence is granted.']