BREAKING NEWS : Uber’s Brighton licence renewed – but only for six months

Brighton and Hove City Council has extended Uber’s licence to operate a taxi service in the city – but only for a further six months while it monitors the implications of the loss of its London licence.

The decision on the length of the extension, which was made yesterday by licensing officers, was taken to allow the council to monitor the outcome of the Transport for London Uber decision, and consider whether any of the information arising from the case had direct implications for the operation in the city.

It also allows the council more time to negotiate with Uber about a number of proposed conditions for operating in the city.

The taxi hailing app’s operating licence in London was not renewed in September after Transport for London said it showed “a lack of corporate responsibility in relation to a number of issues which have potential public safety and security implications”.

These including driver security checks, dealing with serious complaints and the possible use of software which bars public officials from using the app to monitor how the company complies the licence.

Brighton and Hove taxi drivers had urged the city council not to renew the lift-sharing company’s licence here either, partly on the basis it is breaking a verbal assurance made at the original licence hearing to use only drivers licensed in the city.

A council spokesman said: “In making this week’s decision, council officers studied reports and written submissions from interested parties. While there was no evidence to suggest that public safety had been compromised, there are a number of concerns and Uber are working with the council to address these and reassure residents and visitors about their safety.

“Under national law, licensed drivers can operate anywhere in the country, so drivers licensed elsewhere are allowed to operate in the city. Many authorities have fewer conditions attached to their licensing than is the case here.

“When licensing operators, Brighton and Hove City Council work with them to maintain and enhance standards of safety, which includes trying to ensure that drivers not licensed locally can be as accountable as possible.

“We’re working with Uber to ensure safety standards are maintained and address the challenges brought about by technological changes.

“All Brighton and Hove private hire and Hackney Carriage drivers in the city operate under the same licences and the same guidelines contained in the Blue Book, whichever company they drive for. Likewise, all drivers undergo the same background checks.

“Following the council’s standard procedure for renewing taxi operators’ license renewals, the decision was taken by officers under delegated authority.

“A decision on the process to look at the licence at the end of this six-month period will be taken in the new year.”

Councillor Lynda Hyde, the Conservatives’ lead member for licensing, was one of three councillors present as an observer when officers, advised by lawyers, reached their decision.

She said: “I wanted the decision to be made at a public meeting, not behind closed doors.

“The consensus seems to be coming round to my view that the next decision should be made openly and transparently in public.”

Much has changed since the council settled on its current process for licensing taxis and private hire drivers, vehicles and operators, including national laws and the entry of app-based operators into the market.

Some councillors believe in the light of those changes that it is appropriate to take a fresh look at when decisions should be taken by elected councillors and when they should be delegated to officials.

The initial decision to grant Uber a licence was taken in public by a licensing panel made up of three councillors.

The decision to renew Uber’s licence was taken by officials with lawyers in attendance and was observed by Councillor Hyde, the Greens lead member for licensing, Councillor Lizzie Deane and Jackie O’Quinn, the Labour councillor who chairs the Licensing Committee.

Source : Brighton and Hove News Org.

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Lost TradeMark Battle Could See London Taxi Market Open To Other Manufactures.

It was all over the trade news outlets yesterday that LTC (now calling themselves LEVC) have lost their embittered trademark battle with MetroCab. 

And yet when the eye watering news came out that LTC's parent company Geely would be making a zero emission electric vehicle with the intention of offering it to Uber.....not a word appeared in our trade media. 

But then again, I suppose it was only to be expected with all the advertising revenue flying about. 

Funny how a few quids worth of advertising can change values in the Taxi trade. 

Let's go back to 14th June 2016, and have a little look at what was published in the Automotive News China.

'London Taxi Co., a U.K. subsidiary of Zhejiang Geely Holding Group Co., 
showed the TX5 prototype in Paris last Thursday.

The rollout of the TX5 is part of a $400 million program that includes a new factory near Coventry, England. 

In addition to targeting traditional cabbies, London Taxi also plans to offer the car to ride-sharing apps such as Uber and its competitors.' 

Source Automotive News China. 14th June 2016.

I don't recall reading this in any of our Taxi trade publication. 

Now Coventry's London Taxi Company have lost the black cab trademark battle, we could see both MetroCab and Nissan undercutting LTC's retail pricing. 

The battle has only just started to warm up, with other manufacturers waiting in the wings.

Two Court of Appeal judges ruled that the shape of a traditional London black cab is not distinctive, which has now opened the doors for other manufactures to pitch for a slice of the London Taxi market. 

Lord Justice Kitchin and Lord Justice Floyd upheld a ruling on Wednesday that was made last year by a High Court judge.

The London Taxi Company, wanted to claim an exclusive right to the shape. But n January 2016 Mr Justice Arnold ruled that the shape was not a "valid registered trade mark" after a High Court hearing in London. 

He said the shape lacked "distinctive character".

Two appeal court judges have now dismissed the taxi company's challenge to Mr Justice Arnold's ruling, following a Court of Appeal hearing in London in July.

Sharon Daboul, a specialist in trademark disputes at law firm EIP, said the ruling would clear the road for the launch of a similar-shaped "eco-friendly" taxi.

At present we are looking at three definites who will be entering the London Taxi zero emissions race ...LEVC, MetroCab and Nissan. Waiting in the wings are Toyota and this little beauty below from Turkish manufacturer Karsan. 

London Taxi from Karsan 

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MPS Roads And Transport Police Have Had A Busy Start This Week.

After a follow up visit to the Minicab operators office by the Met Police from Richmond, a licensed PHV driver has been reported for lending his licensed Minicab to an unlicensed Minicab driver to pick up a booking in Euston Station. 

The driver was arrested and awaits court date for fraud and other offences. 

An hour later, central Traffic decision seized another Prius with no insurance, driven by a driver with no licence. 

This Prius in Camden ....no insurance and unfit to drive the vehicle was seized, put onto a low loader and taken away 

But my Favourite Of The Week

Stopped in Soho (on a licensed Taxi rank), captured by the Met's Cab Section, accompanied by TfL....vehicle owner had failed to remove unlawful livery. Vehicle was pronounced unfit to work as a private hire vehicle 

These ongoing instances of illegally signage, are a direct result of TfLTPH failure to deal with the Addison Lee Rugby World Cup livery. As far as we know (confirmed by TfL), no action was taken against Addison Lee who ignored TfLs order to remove signage until after the contract ended. 

Now every Tom dick and Minicab owner believes they can ignore TfL at will.

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Redressing The Balance... Letter To TfLTPH From A Grateful Passenger

The piece below is an extract from a letter sent to TfL by a grateful passenger. Taxi Leaks would like to thank TfLTPH for passing this on to us by way of their Twitter account. 

My taxi driver and I got talking during the journey and he asked me where I'd been. I told him that I'd come from visiting my mother for the final time, she being 82 and living in Plymouth, me being towards the end of the terminal illness and living in East Yorkshire.

He told me that his sister in law had recently been diagnosed with stomach cancer and was struggling emotionally. He wondered if I had any advice to give. 

The traffic being heavy, I was able to tell him my story and give him as much advice as I could.

When we got to King's Cross he very kindly waived the fair. We shook hands and parted. I wish I'd taken his name or the cab number, as I wanted him to know that the fair I should've paid will be donated to the Dove House Hospice, which I attend regularly and I shall never forget his kindness.

All too often London cabbies get bad press. I would like to redress the balance a bit.

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Institute of Licensing | Institute writes to Government to highlight failure in taxi licensing system

The Institute of Licensing (IoL) has written to the Government to raise concerns about failings in the taxi and private hire licensing system that is putting public safety at risk.

IoL President, James Button, said in the letter: 

“We are aware that there is currently much discussion ongoing in relation to the licensing of taxi and private hire drivers, operators and vehicle owners, including the recently established working party by Minister of State John Hayes MP. We are conscious that any discussions must seriously consider the adequacies of current arrangements concerning criminality checks, data sharing and ability of licensing authorities and police practitioners to identify concerns relating to licensed individuals and those seeking to be licensed with a view to maintaining public safety and taking appropriate action as necessary.”

The letter addressed to the Home Office, DfT, National Police Chiefs Council and the chairman of the newly established Taxi and Private Hire Working Group, outlined the result of its member’s survey about the level of checks undertaken, data sharing with the police and other similar issues:

• Less than 25% of respondents consider the current data sharing arrangements are satisfactory
• More than 50% of respondents agreed that changes to the Notifiable Occupations Scheme affected information sharing between police and licensing authorities
• 72% of respondents said that do not receive immediate notifications from the police when a taxi licensee (driver, operator or proprietor) is under investigation, arrested or charged
• 42% of respondents said that the Data Protection Act used as a reason for not sharing information
• A substantial 80% of respondents agreed it would useful would it be to have a single point of contact within the police for taxi licensing issues

Mr Button continued: “The IoL has raised concerns previously with the Home Office in relation to data sharing between police and licensing authorities in relation to taxis. In March 2015, we put on record with the Home Office our concern over the then imminent changes to the Notifiable Occupations Scheme and the proposed removal of Home Office Circular 006/2006 which provided guidance to police forces about the disclosure of convictions and other information in relation to people in professions or occupations which carry additional trust or responsibility (notifiable occupations). In summary, the concern at that point was that the changes would increase uncertainty and inconsistency in data sharing.”

The IoL is currently leading on a project to develop a national model convictions policy for licensing authorities to consider adopting locally. It has been working with the Local Government Association and the National Association of Licensing and Enforcement Officers on the project and the aim is to consult on the draft document imminently. This project has been undertaken with the sole purpose of providing a potential national minimum standard endorsed by the relevant organisations with a view to raising consistency across England and Wales.

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Decision Later Today on Uber's future in Brighton and Hove, could result in disappointment

Taxi from across Brighton and Hove campaigning outside of Hove Town Hall against Uber.

Taxi from across Brighton and Hove campaigning outside of Hove Town Hall against Uber.

THE future of taxi-hailing app Uber in Brighton and Hove is to be decided in a closed-door meeting tomorrow, The Argus can reveal.

Cab companies have fiercely criticised the secrecy surrounding the relicencing decision, in the wake of Transport for London’s move last month not to renew Uber’s licence to operate in the capital.

The Argus understands the decision will be taken by council officers in conjunction with the three councillors who are their party leads for licensing.

A vote between councillors Jackie O’Quinn, Labour, Linda Hyde, Conservative and Lizzie Deane, Green, resulted in the decision to hold the meeting behind closed doors.

Cllr Hyde has consistently and publicly said she was in favour of an open meeting.

An announcement on the future of Uber in Brighton and Hove will be made after the meeting concludes.

Cllr Hyde said: “All I wanted to be clear about was that there should be a public meeting.

“That doesn’t mean I have already made up my mind one way or the other.”

Officers are due to present evidence on the fitness or otherwise of Uber to hold the licence to provide taxi services in the city.

In a letter to council officers, Streamline Taxis’ vice-chairman John Streeter said: “The licensed trade here in Brighton and Hove are bitterly disappointed that council officers and councillors have apparently decided not to hold a public enquiry into Uber’s application to renew their current licence here in our city.”

A previous letter from the city’s three largest taxi firms, Streamline, Radio Cabs, and City Cabs, alleged: “Uber Britannia Ltd is not and cannot be a fit and proper person to hold such a licence.”

The firms said Uber had broken its promised to use only locally-licenced drivers. The letter added: “We remain also very concerned that such an operator attempts to dilute, if not ignore altogether, the very high standards prescribed by the council’s Blue Book.”

In September, a petition with more than 1,000 signatures was presented to the council, asking them to re-examine the licence.

Rob Lawrie, a Brighton taxi driver, said: “Originally, Uber told us they would only use Brighton and Hove vehicles. Since then, Uber has paid drivers to come in from out of town and promised them at least the minimum wage.

“Every weekend we have 200 to 250 out-of-town drivers coming in, which is reducing the income of all Brighton drivers by 25 per cent.”

Uber launched in the city on October 28 last year, after being given a licence in October 2015 after four days of deliberations by the council. The licence will expire on November 4.

The company was granted its licence on the condition it abides by all the conditions in the Blue Book – a set of guidelines for the local cab trade.

Uber’s Fred Jones said: “More choice and competition is good for consumers as it raises service levels across the board. Uber has been embraced in Brighton with over 125,000 people using the app this year alone. Uber does not set shifts so is also empowering Brighton’s private hire drivers. We hope to continue to provide the app Brightoners have come to rely on.”

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Beleaguered app hires PepsiCo’s Tony West as chief legal officer

Just a month after Uber drafted in Hogan Lovells to launch a legal challenge to Transport for London’s (TfL) decision to not renew its private hire licence, the US-based ridesharing company has hired Pepsico’s Tony West as its new chief legal officer.

In a company email, Uber’s chief executive Dara Khosrowshahi said that West, who served as PepsiCo’s executive vice president for public policy and government affairs, general counsel (GC) and company secretary, was ‘exactly what Uber needs now’.

‘He has public company experience leading a global team of lawyers across more than 200 countries. As a former federal prosecutor and senior Department of Justice official in the Obama administration, he’s well equipped to handle the investigations into our past practices. And at Pepsi, he has emphasised diversity on his team and across the company.’

Khosrowshahi added: ‘Perhaps most importantly, Pepsi has been named one of the world’s most ethical companies 10 years in a row. Under Tony’s leadership, I’m confident that we will one day join this list.’

Before working for the Obama administration West was a partner at Morrison & Foerster for over seven years. He will begin the role next month and replaces Uber’s current chief legal officer and GC Salle Yoo, who confirmed in September that she would be leaving the company after five years.

West will have his hands full as the company is facing several legal challenges over the coming months, including a legal challenge to TfL after the transport provider revoked Uber’s licence to operate in London in September. According to TfL, Uber’s approach to reporting serious criminal offences and how medical certificates are obtained were among the reasons it came to the decision.

‘Uber’s approach and conduct demonstrate a lack of corporate responsibility in relation to a number of issues which have potential public safety and security implications’, the statement read.

Hogan Lovells regulatory partner Charles Brasted is advising Uber, and has instructed Tom de la Mare QC of Blackstone Chambers.

The firm has previous history advising the company, as it acted for Uber last August on its legal challenge against new guidelines proposed by TfL. The regulations included written English tests for drivers and insurance for drivers for the entire time that their vehicle is licensed. In that matter, TfL was represented by its in-house team and instructed Martin Chamberlain QC of Brick Court Chambers.

Paul Dacam, who has since retired from the firm, led for Hogan Lovells and instructed de la Mare QC alongside Hanif Mussa of Blackstone Chambers

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