Skip to main content

Agenda item

Uber in Brentwood

Minutes:

Members were reminded that over the last 2-3 years there had been a steady proliferation of the number of Uber vehicles operating in the area as they spread outside of London utilising their TFL licence, which was having a significant impact on the level of business for the local licensing Hackney Carriage and Private Hire trade. A report to this committee was brought on 17July 2019, which considered the views of the Brentwood Borough Taxi Drivers Association (BBTDA), the current legal position and actions already taken by officers. It was resolved that a letter to be sent to Uber asking them to withdraw from Brentwood or apply for an Operator’s licence with Brentwood Borough Council. Details of the letter sent to Uber was appended to the report.

 

The response from Uber was also appended to the report which advised that they would not be making any significant changes to their business or applying for any new licences in the near future. They would wait for clarity of the Government’s considerations around the reform of the national Taxi and Private Hire regulatory framework before making any further changes.

 

Members were advised that at this stage the options open to the council to force change were limited and came with significant financial risk. Any litigation to challenge the legal position would be extremely costly, and the opinion of Counsel, sought on behalf of Brentwood Council and appended to the report,  did not support the view that any legal challenge would be successful.

 

Cllr Fryd declared a pecuniary interest in the matter and left the meeting, taking no part in the discussion or vote.

 

Mr Earl and Mr Smith addressed the Committee on behalf of the Brentwood Borough Taxi Drivers Association

 

Cllr Mynott MOVED and Cllr Morrissey SECONDED that a further letter be sent to Uber refuting the statement in their response to BBC’s first letter that it was ‘noted that you (Paul Adams) and the Licensing Committee all agree that our operations are legal in Brentwood.’

 

The Chair, Cllr Miss Sanders, agreed with this motion and MOVED and Cllr McCheyne SECONDED the recommendation that the Planning and Licensing Committee considered the response from Uber and that a further letter be sent to Uber advising that Committee members felt strongly that no representation had been made that Uber’s operation was legal or not legal and of the Committee’s concern that TfL licensing standards fell short of those of Brentwood Council, the safety of Brentwood residents and other passengers being paramount.  Any further response from Uber would be reported back to the Planning and licensing Committee.

 

Following a discussion a vote was taken on a show of hands and it was RESOLVED UNANIMOUSLY that:

 

1.    The Planning and Licensing Committee considered the response from Uber.

2.    A further letter be sent to Uber advising that Committee members felt strongly that no representation had been made that Uber’s operation was legal or not legal and of the Committee’s concern that TfL licensing standards fell short of those of Brentwood Council, the safety of Brentwood residents and other passengers being paramount. 

3.    Any further response from Uber would be reported back to the Planning and Licensing Committee.

Cllr Fryd declared a pecuniary interest in the matter and left the meeting, taking no part in the discussion or vote.

 

 

Reasons for Recommendation

 

The cost of a high risk legal challenge to this matter is significant, and is not likely to be successful. It may also be surpassed by any changes brought about by the Governments consideration for the reform of the national Taxi and Private Hire regulatory framework.

 

Supporting documents: