"On review of a denial of a[n] LTC ... a judge of the District Court, after an evidentiary hearing, may find facts and direct the licensing authority to issue a license if the judge finds that the licensing authority had ‘no reasonable ground’ for denying the license." Nichols v. Chief of Police of Natick, 94 Mass. App. Ct. 739, 743-744, 119 N.E.3d 333 (2019), quoting G. L. c. 140, § 131 (f ). However, "[a] conclusion that the licensing authority lacked any reasonable ground to deny the license is warranted only upon a showing by the applicant that the licensing authority's refusal was arbitrary, capricious, or an abuse of discretion" (alteration and quotations omitted).
Such a finding must be "based on ‘(i) reliable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety; or (ii) existing factors that suggest that, if issued a license, the applicant or licensee may create a risk to public safety.’ " Nichols v. Chief of Police of Natick, 94 Mass. App. Ct. 739, 743 (2019), quoting G. L. c. 140, § 131 (d ). A licensing authority "is vested with ‘ "considerable latitude" or broad discretion in making a licensing decision.’
Such a finding must be "based on '(i) reliable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety; or (ii) existing factors that suggest that, if issued a license, the applicant or licensee may create a risk to public safety.'" Nicholsv.Chief of Police of Natick, 94 Mass.App.Ct. 739, 743 (2019), quoting G. L. c. 140, § 131 (d). A licensing authority "is vested with '"considerable latitude" or broad discretion in making a licensing decision.'"
"On certiorari review, a Superior Court judge may 'correct only a substantial error of law, evidenced by the record, which adversely affects a material right of the plaintiff.'" Nichols v. Chief of Police of Natick, 94 Mass. App. Ct. 739, 744 (2019), quoting Chardin, 465 Mass. at 321 n.15. Our review is governed by the same standard.
The District Court judge, "after an evidentiary hearing, may find facts and direct the licensing authority to issue a license if the judge finds that the licensing authority had 'no reasonable ground' for denying the license" (citation omitted). Nichols v. Chief of Police of Natick, 94 Mass. App. Ct. 739, 743-744, 119 N.E.3d 333 (2019). The judge must bear in mind, however, that "[t]he ‘suitable person’ standard gives the licensing authority ... ‘considerable latitude’ or broad discretion in making a licensing decision."
That the criminal charge did not result in conviction and not every police encounter resulted in arrest is of no moment as the chief could consider the basis for the police responses in the context of the entirety of Jutte's application. See Chief of Police of Worcester v. Holden, 470 Mass. 845, 856 (2015); Nichols v.Chief of Police of Natick, 94 Mass.App.Ct. 739, 745 (2019).
"On review of a denial of a[n] LTC ... a judge of the District Court, after an evidentiary hearing, may find facts and direct the licensing authority to issue a license if the judge finds that the licensing authority had 'no reasonable ground' for denying the license." Nicholsv.Chief of Police of Natick, 94 Mass.App.Ct. 739, 743-744 (2019), quoting G. L. c. 140, § 131 (f) . However," [a] conclusion that the licensing authority lacked any reasonable ground to deny the license is warranted only upon a showing by the applicant that the licensing authority's refusal was arbitrary, capricious, or an abuse of discretion" (alteration and quotations omitted). Nichols, supra at 744, quoting Godfreyv.Chief of Police of Wellesley, 35 Mass.App.Ct. 42, 46 (1993).
The District Court judge, "after an evidentiary hearing, may find facts and direct the licensing authority to issue a license if the judge finds that the licensing authority had 'no reasonable ground' for denying the license" (citation omitted). Nichols v. Chief of Police of Natick, 94 Mass. App. Ct. 739, 743-744 (2019). The judge must bear in mind, however, that "[t]he 'suitable person' standard gives the licensing authority . . . 'considerable latitude' or broad discretion in making a licensing decision."