The WLR Daily case summaries
[2016] WLR (D) 608
Court of Justice of the European Union
Regina (Hemming (trading as “Simply Pleasure Ltd”)) v Westminster City Council (The Architects’ Registration Board and others intervening)
(Case C-316/15)
EU:C:2016:879
1 June 2016;
July 28;Nov 16
President of Chamber L Bay Larsen, Judges M Vilaras, J Malenovský, M Safjan (Rapporteur), D ŠvabyAdvocate General M Wathelet
Licensing— Sex establishment— Licence fee— Claimant licensees seeking judicial review of annual fee for renewal of sex establishment licence— Whether reasonable fee determined by council— Whether council allowed to include cost of enforcing licensing system in fee— Whether surplus or deficit from previous years to be taken into account when determining fee— Whether claimants entitled to restitution of any surplus paid—
Local Government (Miscellaneous Provisions) Act 1982 (c 30), s 2, Sch 3, para 19 (as amended by Policing and Crime Act 2009 (c 26), s 27(7))
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Provision of Services Regulations 2009 (SI 2009/2999), reg 18(4)
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Parliament and Council Directive 2006/123/EC, art 13(2)