Jaffers v Chief Commissioner for Business Franchise Licences (Tobacco)

The applicants, Mr. and Mrs. Jaffers, sought judicial review of a decision by the Chief Commissioner for Business Franchise Licences (Tobacco) to refuse their application for a tobacco retailer's licence. The dispute concerned the Commissioner's assessment of the applicants' eligibility for the licence, specifically in relation to their prior involvement in a business that had been subject to a penalty for operating without a licence. The matter was heard by the New South Wales Court of Appeal.

The primary legal issue before the Court of Appeal was whether the Commissioner had erred in law by refusing the licence application. This involved determining whether the Commissioner had correctly interpreted and applied the relevant provisions of the *Business Franchise Licences (Tobacco) Act 1987* (NSW), particularly those relating to the character and suitability of applicants and the circumstances under which a licence could be refused. The Court also considered whether the Commissioner had adequately taken into account all relevant considerations and had failed to consider irrelevant ones.

The Court of Appeal found that the Commissioner had acted within his statutory powers and had not erred in law. It reasoned that the Commissioner was entitled to consider the applicants' past conduct and their association with a business that had contravened the Act. The Court emphasised that the licensing scheme was designed to regulate the tobacco trade and that the Commissioner had a duty to ensure that only suitable persons were granted licences. The refusal was based on a proper assessment of the applicants' circumstances in light of the legislative objectives. The appeal was dismissed.