Agenda item

This report seeks Members determination of an application for the renewal of a Private Hire Operators Licence which has been made under Section 55, Part 2 of the Local Government (Miscellaneous Provisions) Act 1976, in respect of Uber Britannia Limited (Uber) to operate from Tower Court, Oakdale Road, Clifton Moor, York, YO30 4WL.

Members considered a report which sought determination of an application for the renewal of a Private Hire Operators Licence which had been made under Section 55, Part 2 of the Local Government (Miscellaneous Provisions) Act 1976, in respect of Uber Britannia Limited (Uber) to operate from Tower Court, Oakdale Road, Clifton Moor, York, YO30 4WL.

In response to Member questions Officers clarified:

·        City of York Council does not give preferential treatment to Uber

·        The App Platform used by Uber could not be considered as part of the Committee decision.

·        The contract between the driver , the operator and the customer  is no different to the situation  for other licensed drivers in the city who work for an operating company.

·        The data breach is a relevant consideration in determining whether Uber remain “fit and proper” to hold a licence. Members were advised that the investigation into the data breach by the Information Commissioner’s Office was not yet concluded.

·        Detail about the complaints against Uber in York was given. Members were referred to the information included in Annex 4 of the report.

·        If the application for the licence was refused, this would not stop Uber drivers licensed outside of the authority area working in York.

·        As the Licensing Authority, City of York Council undertakes relevant safety checks on drivers.

·        The law relating to the “fit and proper” test and Wednesbury reasonableness.

During debate Members raised the following issues:

·        Concern regarding the data breach in respect of Uber user data, from which there were serious potential consequences to those members of the public in York who had entrusted their personal information to Uber.

·        Concern that despite an admission that Uber was aware of the data breach in late 2016, there was a failure to inform the relevant authorities, including the Licensing Authority, of the breach in a timely manner, contrary to information laws.

·        Concern in respect of the increase in complaints received by the Licensing Authority regarding private hire vehicles driving in York which were operated by Uber.

·        There was no clear information about how Uber carried out checks on drivers and their vehicles.

Members considered the following options:

Option 1

Grant the licence, with the standard licence conditions attached, for a period of 5 years in accordance with the 1976 Act.

Option 2

Grant the licence, with the standard licence conditions attached, and/or other conditions that are considered appropriate and for a lesser period if considered appropriate by the Committee in accordance with S55 to the 1976 Act.

Option 3

Refuse the application if satisfied having regard to the facts sets out in the application and this report that any of the grounds set out in Section 62 are made out.

Following consideration of the options, it was:

Resolved: That, in accordance with Option 3, Uber Britannia Limited’s (Uber) application for the renewal of a Private Hire Operators Licence be refused, and pursuant to S.62 this was on the following grounds:

Reasons:

     i.        S.62 (b) of the 1976 Act: any conduct on the part of the operator which appears to the district council to render him unfit to hold an operator’s licence IN THAT

Within the last year (22 November 2017) the applicant admitted in writing to the Licensing Authority that a significant data breach occurred in respect of Uber user data. The compromised data included some personal information of 57 million Uber users around the world, including names, email addresses and mobile phone numbers. There are serious potential consequences of a data breach of this magnitude to those members of the public in York who entrust their personal information to a licensed operator. It is understood that the data breach is presently being investigated by the Information Commissioner’s Office. It is of concern to the Licensing Authority that despite an admission that the applicant was aware of this serious breach in late 2016, there was a failure to inform the relevant authorities, including the Licensing Authority, of this serious breach in a timely manner, contrary to information laws. Such conduct is considered to render the applicant unfit to hold an operator’s licence.

    ii.        S.62 (d) of the 1976 Act: any other reasonable cause IN THAT

Within the last year there has been an increase in complaints received by the Licensing Authority regarding private hire vehicles driving in York which are operated by the applicant. This trend is of sufficient concern to indicate that there are issues with the proper management of drivers by the applicant in its role as operator.