Laura Sharman 20 July 2017

Council wins court case to recoup £1.3m licensing costs

Westminster City Council has won a long-running Supreme Court case over the licensing fee it had charged sex shops.

The Supreme Court has ruled that the council are possibly allowed to recover up to £1.3m, which they had paid the claimants following a Court of Appeal judgement.

The court’s ruling means that licensing authorities will be able to recoup enforcement and regulatory costs, rather than just the administration costs of granting a licence.

The long-running case between the council and Hemming (Simply Pleasure Ltd) has centered around the legality of charging sex shops a fee exceeding the cost of processing a licensing application.

The council had charged a fee of £29,102 to cover the cost of enforcement, but was forced to repay £1.3m to the licence holders.

The High Court will now make a ruling about the return of these repayments.

Cllr Antonia Cox, the council’s cabinet member for public protection and licensing, said: ‘Sex shop operators must now return to the process of paying their licence fees for the costs incurred to the council in undertaking regulatory and enforcement activity.

‘The Supreme Court has confirmed its original decision to overturn the Court of Appeal ruling on this case in our favour and this matter has now been returned to the High Court to make a ruling on costs.

‘The importance of this case for the country as a whole cannot be underestimated. We have been determined to fight this battle, not only on behalf of our residents and businesses, but for all licensing authorities across the country.’

SIGN UP
For your free daily news bulletin
Highways jobs

Occupational Therapist - Adult Social Care

Essex County Council
£38487 - £51834 per annum
Register your interest here to be notified of upcoming Occupational Therapist opportunities within Essex County Council's Adult Social Care services. England, Essex, Chelmsford
Recuriter: Essex County Council

Adults Social Worker - North Essex (Expression of Interest)

Essex County Council
£36124 - £51834 per annum + Flexible Working, Hybrid Working
Register your interest here to be notified of upcoming Social Worker opportunities within Essex County Council's Adult Social Care services in North England, Essex, Colchester
Recuriter: Essex County Council

Adults Social Worker - West Essex (Expression of Interest)

Essex County Council
£36124 - £51834 per annum + Flexible Working, Hybrid
Register your interest here to be notified of upcoming Social Worker opportunities within Essex County Council's Adult Social Care services in West E England, Essex, Harlow
Recuriter: Essex County Council

Adults Social Worker - South Essex (Expression of Interest)

Essex County Council
£36124 - £51834 per annum + Flexible Working, Hybrid
Register your interest here to be notified of upcoming Social Worker opportunities within Essex County Council's Adult Social Care services in South England, Essex, Basildon
Recuriter: Essex County Council

Social Worker - Children in Care, West Essex

Essex County Council
Up to £0.0000 per annum
Social Worker - Children in Care, West EssexPermanent, Full Time£36,124 to £51,834 per annumLocation
Recuriter: Essex County Council
Linkedin Banner