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

Head of Housing Strategy, Quality and Assurance

Redbridge London Borough Council
£89,037 - £92,538
We’re looking for someone who can think holistically, and work in collaboration with other stakeholders Redbridge, London (Greater)
Recuriter: Redbridge London Borough Council

Driver

North Yorkshire Council
£24,796 - £25,989 per annum, pro rata
We are looking for caring, flexible, team orientated and committed people to help us provide this transport. North Yorkshire
Recuriter: North Yorkshire Council

School Crossing Patrol

North Yorkshire Council
£12.85 - £13.47 per hour
All our school crossing patrols provide a really valuable service to the local community Knaresborough, North Yorkshire
Recuriter: North Yorkshire Council

Adults Social Worker - Mid Essex

Essex County Council
£37185 - £50081 per annum
Register your interest here to be notified of upcoming Social Worker opportunities within Essex County Council's Adult Social Care services in Mid Es England, Essex, Chelmsford
Recuriter: Essex County Council

Highways Maintenance Operative

Amey
£Competitive
Working with National Highways, Amey maintains over 700 kilometres of roads across the East Midlands Northampton, Northamptonshire
Recuriter: Amey
Linkedin Banner