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

Customer Payment Solutions Lead (Business Support) - EFDC

Essex County Council
Up to £15.0000 per hour
Customer Payment Solutions Lead (Business Support) - Epping Forest District Council 30 Hours per Week Part-Time, Temporary Up to 11 Month Contract£15 England, Essex
Recuriter: Essex County Council

Targeted Youth Advisor

Essex County Council
£28514.00 - £33545.00 per annum
Targeted Youth AdvisorPermanent, Full Time£28,514 to £33,545 per annumLocation
Recuriter: Essex County Council

Part Time Business Operations Assistant - ACL

Essex County Council
Up to £25081.00 per annum + Pro Rata
Part Time Business Operations Assistant - ACLPermanent, Part Time£25,081 per annumLocation
Recuriter: Essex County Council

Multi Therapy Assistant

London Borough of Richmond upon Thames and London Borough of Wandsworth
£35,391 - £42,888 per annum
Multi Therapy Assistant£35,391 - �... Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Part Time Business Operations Assistant - ACL

Essex County Council
Up to £25081.00 per annum + Pro Rata
Part Time Business Operations Assistant - ACLPermanent, Part Time£25,081 per annum, full time equivalentLocation
Recuriter: Essex County Council
Linkedin Banner