Agenda item

Report of the Director of Markets and Consumer Protection.

The Committee considered a report of the Director of Markets and Consumer Protection that sought approval to the annual fees for those premises requiring a licence under the Local Government (Miscellaneous Provisions) Act 1982 as a sex establishment.

The Comptroller and City Solicitor advised Members of the Supreme Court Decision in relation to Hemming vs. Westminster City Council. Members were advised that the Supreme Court concluded on 29 April 2015 that licensing schemeswhich required the applicant to pay a fee covering the administrative costs of the application at the time the application is made and, in the event that the application is granted, a further fee to cover the costs of enforcing the licensing scheme did not fall foul of the Provision of Services Regulations 2009.

Members were also advised that a decision regarding licensing schemes which required a fee that covered both the administrative costs and the costs of enforcing the scheme to be paid at the time the application was made, with the enforcement element being refunded should the application be rejected, was referred to the European Court of Justice for determination.

These findings from the Supreme Court case could be applied to the entire local authority licensing regime save for premises licensed under the Licensing Act 2003 and the Gambling Act 2005 where there were statutory fee structures in place.

RESOLVED – That the annual fees for those premises requiring a licence under the Local Government (Miscellaneous Provisions) Act 1982 as a sex establishment, be approved.