'Hemming' - and licensing costs recovery - the saga rumbles on...

As we reported in our article 'Westminster pick up costly tab' - last year the Court of Appeal ruled in “Hemming” that licensing authorities could not charge licensees (in this case sex shop owners) more than the costs of the authorisation procedures themselves, and certainly not to seek to recover unrelated enforcement costs within licence fees.  That decision had the possibility for profound implications on the way licence fees across the board are calculated and set going forward (and indeed had implications for the level at which locally set alcohol licence fees might be set, on which the Government is currently consulting (the consultation can be viewed here)).

It is being reported in the Local Government Lawyer that Westminster City Council has now been given permission to take the issue to the Supreme Court. The Court of Appeal had refused Westminster permission to appeal to the Supreme Court but the council has now successfully applied direct.

According to the LGL, Peter Large, Westminster City Council’s Head of Legal & Democratic Services, said: “We believe this is an extremely important case, with potentially far-reaching implications. It will effectively determine whether it is still possible for anyone to operate a self-funding licensing and regulatory service – across the UK. That is why the council’s argument is supported by a broadening coalition of interested parties who realise what is at stake. Clearly, we are pleased that we have been given leave to challenge the Court of Appeal’s ruling and look forward to the hearing in the Supreme Court.”

We will keep you advised of further developments as they occur.