Hoping to Avoid Payback Time…Westminster Council go to the Supreme Court to fight against compensation and costs resulting from overcharging for sex shop licence fees

Posted: 13 March, 2014 in Sex Shops
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Read more UK Sex Shop News at MelonFarmers.co.uk

See article from thelawyer.com

Uk Supreme CourtWestminster Council has received permission from the UK Supreme Court to challenge the Court of Appeal decision requiring the council to pay large sums in compensation for overcharging sex shops for licences.European law requires that council licence fees should reflect the costs of administration rather than be used as a tax to raise revenue.

Westminster City Council had charged enormous licence fees way beyond the cost of admin saying that it wanted to use revenues raised to take enforcement action against unlicensed businesses.

The council lost the case and were ordered to pay costs and pay back the overcharge. The council accepted it was wrong to charge the amount it did but refused to accept the costs and restitution charged to it, and took the case to the Court of Appeal the following year. However in May 2013 Master of the Rolls Lord Dyson, Lady Justice Black and Lord Justice Beatson upheld the High Court judgment.

And it is this decision that Westminster Council will challenge in the Supreme Court. Westminster Council will argue its case against: Tim Hemming (t/a Simply Pleasure Ltd), James Poulton, Harmony Ltd, Gatisle Ltd t/a Janus, Winart Publications Ltd, Darker Enterprises Ltd, and Swish Publications Ltd.

No date has yet been listed for the case.

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