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

Technical Officer

Sheffield City Council
Grade 9 £47,181 to £51,356
Are you an experienced highways professional with a passion for highway asset management, maintenance delivery, and technical leadership? Sheffield, South Yorkshire
Recuriter: Sheffield City Council

Team Leader (Section 278 / 38 Road Safety)

Cardiff Council
Grade 10 - £48,226 - £51,356
Cardiff is one of the UK’s fastest‑growing and most vibrant cities. Cardiff (Caerdydd)
Recuriter: Cardiff Council

Licensing Compliance Coordinator (Temp)

City Of Doncaster Council
£28,598 to £31,537
Do you want to work in job which makes a difference to the local community and the people who live there? Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

External Funding Development Manager

London Borough of Richmond upon Thames and London Borough of Wandsworth
£46,206 - £62,451
External Funding Development Manager
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Casual Customer Operations Assistant

Wyre Borough Council
£12.85 per hour
Marine Hall is a vibrant and dynamic venue dedicated to delivering exceptional experiences for our audiences and customers. Poulton-Le-Fylde, Lancashire
Recuriter: Wyre Borough Council
Linkedin Banner