Haley v Commissioner of Fair Trading, Department of Finance, Services & Innovation [2017] NSWCATAD 48

Haley v Commissioner of Fair Trading, Department of Finance, Services & Innovation [2017] NSWCATAD 48

The applicant's current and recent circumstances do not establish a sufficient link with outlaw motorcycle gangs or risk to the public interest to justify refusal of the operator licence. Although concerns existed at the time of application due to Mr Peet's past involvement, he is no longer a close associate, and no credible evidence supports ongoing risk or improper association. The Act's public interest test is not met for refusal, so the licence should be granted.

Parties
Applicant: Terri Ann Haley; 1st Respondent: Commissioner for Fair Trading; 2nd Respondent: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
08 February 2017
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision set aside and replaced; applicant granted an operator licence.
Legal Topics
Tattoo Parlours, Operator Licence, Close Associate, Fit and Proper Person, Public Interest
Administrative Law Licensing Law Tattoo Parlours Operator Licence Close Associate Fit and Proper Person Public Interest

Case Brief

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Parties

Terri Ann Haley

Applicant

Commissioner for Fair Trading

1st Respondent

Commissioner of Police, NSW Police Force

2nd Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether it would be contrary to the public interest to grant the operator licence for a tattoo parlour under the Tattoo Parlours Act 2012.
  2. 2 Whether the involvement of certain individuals as close associates prevents the grant of the licence.

Ratio Decidendi

The applicant's current and recent circumstances do not establish a sufficient link with outlaw motorcycle gangs or risk to the public interest to justify refusal of the operator licence. Although concerns existed at the time of application due to Mr Peet's past involvement, he is no longer a close associate, and no credible evidence supports ongoing risk or improper association. The Act's public interest test is not met for refusal, so the licence should be granted.

Court Disposition

Decision set aside and replaced; applicant granted an operator licence.

Orders

  • The decision to refuse to grant the Applicant an operator licence in relation to the Fat Tatts and Body Piercing Parlour is set aside.
  • In its place the decision is made that the licence is granted.