Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council

Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council

Westminster City Council failed to lawfully determine licence fees for sex establishments for 2011/12 and previous years, as required by statute and its own procedures. Since 28 December 2009, enforcement costs cannot be included in the fee due to the Provision of Services Regulations 2009. The Council must determine reasonable fees for the relevant years, adjusting for surpluses or deficits, and repay claimants the difference between sums paid and lawful fees. Claimants are entitled to restitution for overpaid sums, and time for bringing the claim is extended due to lack of knowledge and inadequate Council disclosure.

Parties
Claimant: Timothy Martin Hemming (trading as Simply Pleasure Ltd); Claimant: James Alan Poulton (trading as Soho Original Book); Claimant: Harmony Limited; Claimant: Gatisle Limited (trading as Janus); Claimant: Winart Publications Limited; Claimant: Darker Enterprises Limited; Claimant: Swish Publications Limited; Defendant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
16 May 2012
Procedural Posture
Judicial Review and Restitutionary Claim / Judgment
Outcome
Claim allowed
Legal Topics
Licence Fees, Judicial Review, Unjust Enrichment, Implementation of EU Directives, Local Authority Powers, Restitution
Administrative Law Local Government Law Licensing Law European Union Law Licence Fees Judicial Review Unjust Enrichment Implementation of EU Directives +2 more

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Parties

Timothy Martin Hemming (trading as Simply Pleasure Ltd)

Claimant

James Alan Poulton (trading as Soho Original Book)

Claimant

Harmony Limited

Claimant

Gatisle Limited (trading as Janus)

Claimant

Winart Publications Limited

Claimant

Darker Enterprises Limited

Claimant

Swish Publications Limited

Claimant

Westminster City Council

Defendant

Procedural Posture

Judicial Review and Restitutionary Claim / Judgment

Legal Issues

  1. 1 Whether Westminster City Council lawfully determined licence fees for sex establishments for 2011/12 and previous years
  2. 2 Whether the Council must adjust licence fees to reflect surpluses or deficits from previous years
  3. 3 Whether enforcement costs can be included in licence fees after the implementation of the Provision of Services Regulations 2009

Ratio Decidendi

Westminster City Council failed to lawfully determine licence fees for sex establishments for 2011/12 and previous years, as required by statute and its own procedures. Since 28 December 2009, enforcement costs cannot be included in the fee due to the Provision of Services Regulations 2009. The Council must determine reasonable fees for the relevant years, adjusting for surpluses or deficits, and repay claimants the difference between sums paid and lawful fees. Claimants are entitled to restitution for overpaid sums, and time for bringing the claim is extended due to lack of knowledge and inadequate Council disclosure.

Court Disposition

Claim allowed

Orders

  • Declaration that enforcement costs cannot be included in licence fees since 28 December 2009
  • Order for the Council to determine, within three months, reasonable fees for the years ending 31 January 2007 to 31 January 2012, adjusting for surpluses or deficits