Red light on applications that fail to disclose traffic offences
A person’s fitness to hold a liquor licence could depend, at least in part, on their traffic record.
In a recent hearing before the Licensing Court an applicant for a liquor licence was found to have provided false and misleading information, having failed to disclose a number of traffic infringements. The licensee had believed that traffic matters did not need to be disclosed.
The relevant court form requires a yes or no response to the question: ‘Have you ever, whether in Australia or overseas, been found guilty of an offence (irrespective of whether a conviction was subsequently recorded) or paid the penalty applicable to an infringement notice?’.
If the answer is yes, the person is required to list all offences (unless spent convictions as stated in the Criminal Records Act), together with the date of offence, court, date if applicable, and result of proceedings or notice.
An incorrect answer makes the affidavit false and misleading and the applicant liable to be prosecuted for an offence.
Contact Blackwell Short Lawyers if you are in any doubt about your rights or liabilities concerning this article.