The Hemming case has not gone away just yet!
You may remember that in May last year the Court of Appeal upheld Mr Justice Keith’s ruling in the High Court that, as a result of the Services Directive, licensing authorities could not charge licensees more than the costs of the authorisation procedures themselves. The High Court held that while the costs of the authorisation – including monitoring compliance of operators – were fairly part of the fee, the costs of enforcement against unlicensed third party operators were not.
The Court of Appeal also refused Westminster City Council permission to appeal to the Supreme Court. However, the City Council has now successfully applied directly to the Supreme Court and as a result the case will be heard later this year.
Peter Large, Westminster City Council’s Head of Legal & Democratic Services, said:
“We believe this is an extremely important case, with potentially far-reaching implications. It will effectively determine whether it is still possible for anyone to operate a self-funding licensing and regulatory service – across the UK.
“That is why the council’s argument is supported by a broadening coalition of interested parties who realise what is at stake. Clearly, we are pleased that we have been given leave to challenge the Court of Appeal’s ruling and look forward to the hearing in the Supreme Court.”
Watch this space!