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PostPosted: Thu Aug 29, 2019 11:14 am 
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Several other threads on the York situation, obviously, but last one got a bit side-tracked on sticker-style plates :-o


Policy on Uber in York 'must stay unchanged', councillors told

https://www.yorkpress.co.uk/news/178656 ... lors-told/

THE city council should not change its taxi licensing policy towards out-of-town drivers working in York - under recommendations made to senior councillors.

City of York Council could face major risks - including significant costs and a legal fight in a national court - if it tries to stop Uber and other taxi companies registered outside the area operating in York, according to a report.

The council’s current legal position is that if a private hire vehicle’s three licences - operator, driver and vehicle - have all come from the same local authority then the driver can accept journeys anywhere in England and Wale, regardless of where the fare starts, passes through or ends.

Councillors will be asked not to change this policy because, according to the report, it could lead to thousands of pounds of legal costs because in other cases courts have not found out-of-town drivers to be acting unlawfully by picking up fares in other areas.

The report says: “This is national issue and the situation in York is similar to that in many other towns and cities in the country.

“For example, Medway Council have a statement on their website in relation to Uber which says ‘As the law stands, at present the Council do not believe that Uber is acting unlawfully within the council’s area’.

“Furthermore, Uber are not the only firm who work under the ‘triple licensing rule’ and it is said that other firms work to this model on race days in York for example.”

It adds that the council has sought legal advice on the issue and a lawyer found that a legal opinion by Gerald Gouriet QC for the York Private Hire Association is “untenable”.

The council’s executive will be recommended to make no changes to the taxi licensing policy.

The report says any change to the council position on out-of-town drivers would create “a ‘possible’ impact to our service i.e. national media coverage/action in a national court and which could cost over 10 per cent of the Public Protection budget.”

The council’s Licensing and Regulatory committee found Uber not fit and proper to hold a licence in York at a meeting in 2017 but this does not prevent drivers from elsewhere making them available in York.

The council could review the situation if there is a change in the law or a binding court judgement.


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PostPosted: Thu Aug 29, 2019 11:34 am 
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“It adds that the council has sought legal advice on the issue and a lawyer found that a legal opinion by Gerald Gouriet QC for the York Private Hire Association is “untenable”

If the QC thinks it is “tenable” why doesn’t he take the case on a ‘pro bono’ or no win no fee case ?


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PostPosted: Thu Aug 29, 2019 5:32 pm 
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If the QC thinks it is “tenable” why doesn’t he take the case on a ‘pro bono’ or no win no fee case ?

The issue isn't the QC's costs, as I expect that QC would take the case on the cheap, or maybe pro bono.

The issue is the other sides costs should they lose.

Think it cost the London VAT case against Uber £100,000 when the judge brought proceeding to a close.

Thankfully for that case HMCR are now looking in the VAT issue with Uber.

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PostPosted: Thu Aug 29, 2019 6:48 pm 
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sounds like Uber are beginning to become untouchable :-k

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PostPosted: Thu Aug 29, 2019 10:26 pm 
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edders23 wrote:
sounds like Uber are beginning to become untouchable :-k

Only because the law allows them to do what they do.

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PostPosted: Fri Aug 30, 2019 9:04 am 
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Sussex wrote:
X-ray wrote:
If the QC thinks it is “tenable” why doesn’t he take the case on a ‘pro bono’ or no win no fee case ?

The issue isn't the QC's costs, as I expect that QC would take the case on the cheap, or maybe pro bono.

The issue is the other sides costs should they lose.


But that's the issue as regards the council taking on Uber, and thus the threat to the public purse etc?

Presumably the QC could instigate a judicial review on a no-win, no-fee basis, or pro bono, as X-ray suggests?

(The phrase 'pro bono' always makes me think of U2 fans :-s or, adding an extra letter, those doggie snacks that I recall from my younger days. Thought they had disappeared (like tins of Chappie), but seems they're still around :-o)

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PostPosted: Fri Aug 30, 2019 8:44 pm 
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But that's the issue as regards the council taking on Uber, and thus the threat to the public purse etc?

It is a risk, but I'm not sure I agree with the 'public purse' comment.

If a council takes on Uber and loses say £100,000, that amount can be claimed back via the Taxi/PH licensing budget. So in effect it's the trade's purse.

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PostPosted: Fri Aug 30, 2019 9:49 pm 
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Sussex wrote:
Quote:
But that's the issue as regards the council taking on Uber, and thus the threat to the public purse etc?

It is a risk, but I'm not sure I agree with the 'public purse' comment.

If a council takes on Uber and loses say £100,000, that amount can be claimed back via the Taxi/PH licensing budget. So in effect it's the trade's purse.


On reading the article it seemed to be saying that there would be a financial risk to the council:

York Press wrote:
City of York Council could face major risks - including significant costs and a legal fight in a national court...


So assumed that the council would bear at least some of the costs.

But if there would be no financial risk to the council if all costs could be offset then to that degree the article is a bit misleading.

Of course, the council's actual report could provide the full picture in a way that the article above doesn't.


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PostPosted: Sat Aug 31, 2019 1:52 am 
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Sussex wrote:
Quote:
But that's the issue as regards the council taking on Uber, and thus the threat to the public purse etc?

It is a risk, but I'm not sure I agree with the 'public purse' comment.

If a council takes on Uber and loses say £100,000, that amount can be claimed back via the Taxi/PH licensing budget. So in effect it's the trade's purse.



I do not think a Council can claim court costs from fees for TAXI and Private Hire licensing.


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PostPosted: Fri Sep 06, 2019 7:41 pm 
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Call for more council officers in York to monitor out-of-town taxis

https://www.yorkpress.co.uk/news/178844 ... own-taxis/

MORE enforcement officers could be employed to monitor taxis in York - after councillors said they are worried that drivers from all over the country are coming to the city to work here.

Councillors at a City of York Council licensing meeting called for better monitoring of taxi drivers in the city centre - where the trade has raised concerns about the behaviour of out-of-town drivers, including companies like Uber.

And the committee heard that the taxi licensing account currently has a surplus of about £74,500.

Cllr Dave Taylor said: “I think there is a view that we need more enforcement work to be done on the taxi trade in York, perhaps in particular in relation to out-of-town drivers.

“Could we use this budget surplus to engage in more enforcement work?

“We are concerned about drivers coming from perhaps all over the country who don’t know our streets. We are concerned about people driving long distances to work here - maybe sleeping in their cars overnight - and we’re concerned about the level of enforcement, which could be higher.”

Matt Boxall, the council’s head of public protection, said it would be “fantastic” to have more enforcement officers and that a report is being prepared on monitoring the taxi trade in York. But he said the extra money in the budget cannot legally be used to pay for more enforcement officers.

He praised taxi drivers for their help in reporting incidents, adding: “The local trade have organised themselves - they have a complaint coordinator and send their complaints through, which is extremely helpful.”

“The more enforcement officers you’ve got, the more windows you can bang on and badges you can check and check vehicles and things like that.”

He added: “The cost of management support to the taxi trade has significantly increased in recent years. This level of demand looks set to continue into the future. We’re therefore considering introducing a specific post of taxi licensing manager to help address the position and bring about further improvements.”

Councillors said they will also write to the Department of transport to lobby for the Government to review the law that allows private hire journeys to take place anywhere in England.


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PostPosted: Fri Sep 06, 2019 8:45 pm 
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But he said the extra money in the budget cannot legally be used to pay for more enforcement officers.

Really?

Who then pays for the existing enforcement officers?

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PostPosted: Fri Sep 06, 2019 8:46 pm 
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We’re therefore considering introducing a specific post of taxi licensing manager to help address the position and bring about further improvements.”

Well that should sort the problem, another manager !!!!! ](*,)

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PostPosted: Fri Sep 06, 2019 9:28 pm 
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Sussex wrote:
Quote:
We’re therefore considering introducing a specific post of taxi licensing manager to help address the position and bring about further improvements.”

Well that should sort the problem, another manager !!!!! ](*,)



I wonder if he'll be on a £50 K salary and get a quarter of a million pound pay off when they realise he's useless :lol: :lol:

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