The respondent regulated street trading within its area by licenses issued under the Act. The claimants challenged substantial increases in the licence fees saying there had been insufficient consultation. The system was running at a net cost.
Held: The authority was obliged to seek to cover its costs. It was within the discretion of the authority to make a general charge rather than to charge for services according to use.
Judges:
Leveson J
Citations:
[2004] EWHC 1167 (Admin)
Links:
Statutes:
City of Westminster Act 1999 22(11)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Manchester City Council ex parte King QBD 1991
When setting licence fees for local traders, the authority had set them at a commercial rate. ‘the judgment of what was a reasonable fee ‘for the purpose of recouping in whole or in part the cots of operating the street trading scheme’ was for . .
Cited – Regina v London Borough of Tower Hamlets ex parte Tower Hamlets Combined Traders Association QBD 19-Jul-1993
The court discussed the way in which local authorities should conduct their activities under the section: ‘[T]he budgetary exercise required of a local authority under section 32 is a part of its larger duty to administer its funds so as to protect . .
Lists of cited by and citing cases may be incomplete.
Licensing, Local Government
Updated: 10 June 2022; Ref: scu.197070