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

Housing Options Team Manager - Braintree District Council

Essex County Council
£41145.0000 - £45498.0000 per annum
Job title
Recuriter: Essex County Council

Head of Corporate Development

Devon & Cornwall Police
Starts at £75,201 rising by yearly increments to a maximum of £84,534 per annum
We are welcoming applications for the role of Head of Corporate Development with Devon & Cornwall Police based at Exeter Devon
Recuriter: Devon & Cornwall Police

Payroll Project Specialist

Essex County Council
Up to £148.8800 per day
Payroll Project Specialist x2£148.88 PAYE / £193.782 Umbrella daily rate Up To 6-Month Fixed Term (with potential extension) Essex County Council - England, Essex, Chelmsford
Recuriter: Essex County Council

Senior Business Development Officer (MaaS)

Essex County Council
£36341.0000 - £42754.0000 per annum
Senior Business Development Officer (MaaS)Fixed Term, 2-year contract with potential for extension Full Time, 37 hours per week£36,341 to £42,754 per England, Essex, Chelmsford
Recuriter: Essex County Council

Senior Finance BP - Epping Forest District Council

Essex County Council
Up to £55307.0000 per annum
Senior Finance Business Partner - Epping Forest District CouncilFull-Time, Permanent 37 Hours per Week £55,307 + £10,000 Market Supplement Closing Dat England, Essex
Recuriter: Essex County Council
Linkedin Banner