Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council [2012] EWHC 1582 (Admin) (12 June 2012)

Hemming (t/a Simply Pleasure Ltd) & Ors v Westminster City Council [2012] EWHC 1582 (Admin) (12 June 2012)

The Council must set licence fees excluding enforcement costs against unlicensed traders, must do so within three months, and must pay claimants' costs and enhanced interest as the judgment was at least as advantageous as the claimants' Part 36 offer and there is no injustice in applying the rule's consequences.

Source-derived case information.

Citation
[2012] EWHC 1582 (Admin)
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
12 June 2012
Procedural Posture
Judicial Review / Post Judgment; Determination of Relief and Costs
Outcome
Claimants succeed on relief and costs; Council ordered to set fees, pay costs and interest.
Legal Topics
Licensing Fees, Costs, Part 36 Offers, Interest on Costs, Enforcement Costs, Sex Establishment Licensing
Administrative Law Local Government Law Licensing Law Licensing Fees Costs Part 36 Offers Interest on Costs Enforcement Costs +1 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 / Post Judgment; Determination of Relief and Costs

Legal Issues

  1. 1 Appropriate form of relief following judgment on licensing fees
  2. 2 Whether enforcement costs against unlicensed traders can be included in licence fees
  3. 3 Entitlement to costs and interest following a successful Part 36 offer

Ratio Decidendi

The Council must set licence fees excluding enforcement costs against unlicensed traders, must do so within three months, and must pay claimants' costs and enhanced interest as the judgment was at least as advantageous as the claimants' Part 36 offer and there is no injustice in applying the rule's consequences.

Court Disposition

Claimants succeed on relief and costs; Council ordered to set fees, pay costs and interest.

Orders

  • Declaration as per para. 49(i) of earlier judgment granted.
  • Council to set reasonable licence fees for relevant years within three months, sub-divided as suggested by Council.