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Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council: SC 19 Jul 2017

The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (‘enforcement costs’). The respondents’ applications all … Continue reading Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council: SC 19 Jul 2017

Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council: Admn 16 May 2012

The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the system. Held: The claim succeeded. The council’s Licensing Sub-Committee had failed … Continue reading Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council: Admn 16 May 2012

Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council: SC 29 Apr 2015

The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring the system overall. The Counicl argued that their refusal was not a breach … Continue reading Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council: SC 29 Apr 2015

Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018

The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’ Citations: [2018] EWHC 1996 (Admin) Links: Bailii Jurisdiction: England and Wales Housing, European, … Continue reading Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018

Hemming and Others v Westminster City Council and Others: ECJ 16 Nov 2016

Charges for processing application for licence ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred L. Bay Larsen, P [2016] WLR(D) 608, [2016] EUECJ C-316/15, ECLI:EU:C:2016:879 Bailii, WLRD Directive 2006/123/EC European Citing: Reference – … Continue reading Hemming and Others v Westminster City Council and Others: ECJ 16 Nov 2016

Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015

Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster: CA 24 May 2013

The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It also said that the council had failed, as it was … Continue reading Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster: CA 24 May 2013