Starwest Management Pty Ltd & Anor v The Director of Liquor Licensing

[2003] WASCA 271

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Liquor Licensing
2. › Disciplinary proceedings
3. › Position of authority in body corporate holding licence
4. › Whether person in position to exercise or exert control or substantial influence
5. › Shareholder and director of holding company
6. › Whether jurisdictional fact
7. › Liquor Licensing Act 1988 (WA), ss 3(4)(b), 95(4)(h), 96
1. Liquor Licensing
2. › Fit and proper person
3. › Relevance of convictions of associated companies
4. › Whether convictions of companies of which person was director or shareholder relevant to fitness inquiry
5. › Liquor Licensing Act 1988 (WA), s 95(4)(h)
1. Administrative Law
2. › Appeals on questions of law
3. › Scope of review
4. › Whether finding supported by some evidence
5. › No review of weight given to evidence
6. › Liquor Licensing Act 1988 (WA), s 28

Quick Take

Whether a person holds a position of authority in a company holding a liquor licence under s 3(4)(b) of the Liquor Licensing Act 1988 (WA) is not a jurisdictional fact; the Liquor Licensing Court has power to determine that question. Convictions of companies of which a person is a director or shareholder are relevant to the fit and proper person inquiry under s 95(4)(h), as they may reflect on both the honesty and the ability of the person to comply with licensing legislation.