REASONS FOR DECISION Licensee: Mr Jason Bourchier Crowd Controller Number 5289 Licence Number: Proceedings: Complaint Pursuant to Section 53A of the Private Security Act Members: Mr Richard O'Sullivan (Chairman) Mr Philip Timney Mr John Brears Date of Inquiry: 17 April 2014 (On Papers) BACKGROUND Licensing Inspector Shane McCorkell on 4 March 2014 lodged a complaint pursuant to Section 53A of the Private Security Act Mr Jason Bourchier (“the Act”) against alleging contravention of Section 19(2)(c) and 19(3) of the Act which states: 19 Conditions of licence (2) A licence is subject to: (c) where a code of practice has been approved under section 48 in relation to such a licence, the condition that the code shall be complied with and not contravened. (3) The licensee shall comply with the conditions of the licence. The Code of Practice Crowd Controllers Clause 3.14 states that a (“the Code”) for licence holder shall to participate in “not participate or encourage others assault”. The complaint alleges that Bourchier acted in a manner that caused harm to “Mr another person without permission and through the use of unreasonable force, caused violence at a The complaint details licensed premises, namely Monsoons”. that on 30 January 2014 at approximately 3.28am, when Mr Bourchier was not at the time engaged as a Crowd Controller, assaulted a male who was talking to an on duty Crowd Controller at the front of Monsoons licensed premises, through hitting him in the right side of the head with a closed fist. The complaint outlines that the assault occurred without warning and there appeared to be no engagement with the victim prior to the sudden and unprovoked attack. The victim was knocked unconscious by the punch thrown by Mr Bourchier. The Northern Territory Licensing Commission to (“the Commission”) determined conduct an Inquiry on the papers. The Commission was provided with:
REASONS FOR DECISION Licensee: Mr Jason Bourchier Licence Number: Crowd Controller Number 5289 Proceedings: Complaint Pursuant to Section 53A of the Private Security Act Members: Mr Richard O'Sullivan (Chairman) Mr Philip Timney Mr John Brears Date of Inquiry: 17 April 2014 (On Papers) BACKGROUND Licensing Inspector Shane McCorkell on 4 March 2014 lodged a complaint pursuant to Section 53A of the Private Security Act (“the Act”) against Mr Jason Bourchier alleging contravention of Section 19(2)(c) and 19(3) of the Act which states: 19 Conditions of licence (2) A licence is subject to: (c) where a code of practice has been approved under section 48 in relation to such a licence, the condition that the code shall be complied with and not contravened. (3) The licensee shall comply with the conditions of the licence. The Code of Practice (“the Code”) for Crowd Controllers Clause 3.14 states that a licence holder shall “not participate or encourage others to participate in assault”. The complaint alleges that “Mr Bourchier acted in a manner that caused harm to another person without permission and through the use of unreasonable force, caused violence at a licensed premises, namely Monsoons”. The complaint details that on 30 January 2014 at approximately 3.28am, when Mr Bourchier was not at the time engaged as a Crowd Controller, assaulted a male who was talking to an on duty Crowd Controller at the front of Monsoons licensed premises, through hitting him in the right side of the head with a closed fist. The complaint outlines that the assault occurred without warning and there appeared to be no engagement with the victim prior to the sudden and unprovoked attack. The victim was knocked unconscious by the punch thrown by Mr Bourchier. The Northern Territory Licensing Commission (“the Commission”) determined to conduct an Inquiry on the papers. The Commission was provided with:
140507_Jason_Bourchier_53A.docx