Published: 6 January, 2012
EXCLUSIVE by JOSH LOEB

A SEX shop owner hopes to mount a court challenge against Westminster Council in what could be a landmark case for Soho’s erotica retailers.

Tim Hemming, who owns Simply Pleasure in Brewer Street, fears the cash-strapped council may be exploiting sex shop licence fees as a way of filling its coffers. He is seeking a judicial review.

A licence to operate a sex shop – defined as a business where more than 10 per cent of stock is adult themed – costs nearly £30,000 a year.

Mr Hemming, who owns 35 licensed sex shops nationwide, said: “This is supposed to be a non-­profit-making fee, so they should be spending all this money on enforcement and administration. We don’t believe they have got the evidence to prove they have been doing that.

“I pay somewhere in the region of £200,000 yearly in licence fees. It’s a strain on our bottom line.”

He said the fees should be capped at £1,000 a year.

A decision on his review bid is due later this year in the same month as the conclusion of a judicial review of the council’s controversial West End parking charge increases.

In that case, estate agent Peter Wetherell is going head to head with City Hall.

The West End Extra understands that Mr Wetherell’s barrister, David Elvin QC, will challenge the council’s decision on the basis that evidence of congestion on the roads, provided by consultants, is insufficient.

The spectre of the council using road charges to rake in money from motorists – something local authorities are not legally allowed to do and which the council denies doing – is routinely raised by some campaigners.

Last month, the council announced it was postponing the introduction of the new Sunday and evening parking fees to comply with a court order .
In the sex shop case, Philip Kolvin QC, a renowned expert in licensing law, will be acting for Mr Hemming.

The West End Extra understands his bid is being backed by five other central London adult DVD retailers who have attended “summits” on the issue over the past months.

One operator said: “Where is the breakdown of how our licence fees are being spent? When times were good we just paid up and accepted it. Now we are in a recession and businesses are fighting back.”

Some erotica retailers are under financial pressure because of competition from internet-based stores, which can circumvent the sex shop licence fee system.

Alongside Soho’s licensed sex shops are several unlicensed premises.

These are regularly raided and have their stock seized by the council’s licensing team, but legitimate operators fear the council is not doing enough to crack down on such venues.

Critics point out that there is a grey area as the degree of sexually explicit material available in a shop can be hard to measure.

If Mr Hemming’s legal bid succeeds it could have ramifications for other Soho establishments, including sex cinemas and hostess bars, where the council requires operators to hold a similar form of licence.

In a bid to limit the number of sex shops in Soho, long considered London’s most high profile area for adult entertainment, the council has limited the number of licences issued to venues in the area to just 16 at any given time.

A council spokeswoman confirmed the council was aware of the judicial review and had received papers relating to the case.