ACS (the Association of Convenience Stores) has welcomed a ruling from the Court of Appeal which has confirmed that through the wall ATMs should not be subject to a separate business rates assessment.

The case was brought forward by retailers Tesco, Sainsbury’s, the Co-operative Group and cash machine operator Cardtronics Europe. They appealed after a ruling last year upheld a decision in 2013 that ATMs built into the front of a shop or petrol station should have a separate business rates bill.

ACS chief executive James Lowman said: “This decision will help maintain widespread access to free-to-use ATMs, something that has been under threat due to their excessive business rates bills and reduced payments from the banks to the operators of these facilities to their account holders.

“We have long argued that the Valuation Office Agency’s change to their ATMs rating policy happened too quickly with limited consultation. We welcome today’s ruling that confirms ATMs should not have been rated separately and hope this results in retailers being refunded unnecessary business rates charges, subject to any further appeals.”

The court has ruled that those who have already been charged will now have to be refunded. Part of that money will have to come from the government, and part from local authorities. ACS will be seeking clarity on how retailers will be refunded.