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05 May 2015
Issue: 7651 / Categories: Legal News
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Licence relief for local authorities

Local authorities can continue charging businesses for the cost of enforcement as well as the cost of processing a licensing application, the Supreme Court has held in a case involving a sex shop in Westminster.

Shop owner Timothy Hemming argued that it breached EU law for licensing authorities to charge applicants for the cost of enforcement. The Court of Appeal found in Hemming’s favour, but their decision was overturned last week by the Supreme Court, in Hemming (R, on the application of) v Westminster City Council [2015] UKSC 25.

This issue affected all bodies who operate a licence scheme within the terms of the Provision of Services (POS) Regulations 2009 and the Services Directive 2006/123. The Treasury, the Local Government Association and the Law Society all intervened in the case.

Delivering the lead judgment, Lord Mance said: “There is no reason why [a licence fee] should not be set at a level enabling the authority to recover from licensed operators the full cost of running and enforcing the licensing scheme, including the costs of enforcement and proceedings against those operating sex establishments without licences.”

Hemming also argued that it was not lawful for Westminster to charge the full £29,435 cost of the licence on application, even though £26,435 would be refunded if the application was unsuccessful. The Supreme Court has referred this point to the European Court of Justice.

 

Issue: 7651 / Categories: Legal News
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NLJ Career Profile: Stephen Ward, The Barrister Group

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Commercial property partner joins Clarke Willmott in Southampton

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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