Purdie v Commissioner for Fair Trading [2017] NSWCATAD 38

Purdie v Commissioner for Fair Trading [2017] NSWCATAD 38

Although the Tribunal accepted that Mr Lincoln ceased his Bandidos membership in 2014, that Ms Purdie and Mr Lincoln had a professional attitude to their work, that Ms Purdie was of good character, and that refusal caused some hardship, the Tribunal found on all the material, including confidential evidence, that there was a real risk the grant of the licence would facilitate involvement in and influence over the business by a member or members of an outlaw motorcycle gang, or persons associated with crime. Because the Tribunal could not be satisfied that improper conduct would not occur and because granting the licence was not in the public interest, the correct and preferable decision...

Jurisdiction
Australia
Judgment Date
23 January 2017
Procedural Posture
Administrative Review of Decision to Decline the Grant of a Tattoo Parlour Licence / Principal Judgment
Outcome
The decision under review is affirmed.
Legal Topics
['tattoo Parlour Licence' 'adverse Security Determination' 'public Interest' 'outlaw Motorcycle Gangs' 'criminal Intelligence Reports' 'correct and Preferable Decision']
['administrative Law' 'licensing Law'] ['tattoo Parlour Licence' 'adverse Security Determination' 'public Interest' 'outlaw Motorcycle Gangs' 'criminal Intelligence Reports' 'correct and Preferable Decision']

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Procedural Posture

Administrative Review of Decision to Decline the Grant of a Tattoo Parlour Licence / Principal Judgment

Legal Issues

  1. 1 ["What is the correct and preferable decision in relation to Ms Purdie's licence application, having regard to the material before the Tribunal and the applicable law." 'Whether section 19(3) of the Tattoo Parlours Act 2012 restricts the kind of criminal intelligence reports to which the Tribunal may have regard.' 'Whether, in assessing the public interest, the Tribunal is confined to considering whether the licence is likely to have the effects set forth in section 19(3) of the Tattoo Parlours Act 2012.']

Ratio Decidendi

Although the Tribunal accepted that Mr Lincoln ceased his Bandidos membership in 2014, that Ms Purdie and Mr Lincoln had a professional attitude to their work, that Ms Purdie was of good character, and that refusal caused some hardship, the Tribunal found on all the material, including confidential evidence, that there was a real risk the grant of the licence would facilitate involvement in and influence over the business by a member or members of an outlaw motorcycle gang, or persons associated with crime. Because the Tribunal could not be satisfied that improper conduct would not occur and because granting the licence was not in the public interest, the correct and preferable decision...

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']