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:
ReferenceHemming (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 . .
At CAHemming (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 . .

Cited by:
At ECJHemming (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 . .

Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 11 November 2021; Ref: scu.571774