Sex establishment

The central issue in the proceedings was whether it was legitimate, under domestic and/or EU law, for the appellant licensing authority to charge refundable sums for the grant or renewal of a sex establishment licence. The Supreme Court held that it was legitimate under domestic law and, under EU law, where the sum was charged on the application having been successful. However, it referred questions to the Court of Justice of the European Union as to whether and when, under EU law, it was legitimate to do so at the time of the application, on the basis that it was refundable if the application was unsuccessful.