A Westminster sex shop's fight over licensing fees has resulted in the borough council being able to reclaim up to £1.3 million in enforcement costs.

Simply Pleasures ltd took Westminster Council to court after querying who bears the burden of paying for licensing and enforcement charges which relate to the running costs of these establishments.

The Supreme Court, overturning a decision made by the Court of Appeal, in the case of Hemming, of Simply Pleasures ltd, and others against Westminster City Council, decided councils and other licence fee charging bodies across the UK can recoup regulatory and enforcement costs instead of just the administration costs of granting a licence.

After the original Court of Appeal decision, the council made repayments of over £1.3million to the licence holders, and now the High Court will make a ruling about the return of these repayments.

Westminster Councillor Antonia Cox, Cabinet Member for Public Protection and Licensing, said: “Westminster City Council welcomes the outcome of the Supreme Court’s decision.

"Common sense has been restored meaning that our council tax and business rate payers do not have to bear the burden of paying for licensing and enforcement charges which relate to the running costs of these establishments.

“Sex shop operators must now return to the process of paying their licence fees for the costs incurred to the Council in undertaking regulatory and enforcement activity.

“The Supreme Court has confirmed its original decision to overturn the Court of Appeal ruling on this case in our favour and this matter has now been returned to the High Court to make a ruling on costs.

“The importance of this case for the country as a whole cannot be underestimated. We have been determined to fight this battle, not only on behalf of our residents and businesses, but for all licensing authorities across the country.”

Westminster has the highest number of sex shops, sex cinemas and entertainment venues, earning itself the title of the country's "sex establishment" capital.

Back in September 2016 there were 30 sex establishments and venues in the borough, which worked out to be one sex establishment for every 8,077 people compared to a national average of one for every 138,328.

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