YORK

A top barrister has questioned the way City of York has handled Uber operations in the city.

Representatives of the Private Hire and Hackney taxi drivers are meeting (1400) with the City of York council   officers this afternoon to discuss this today (Mon 26 Nov)

Uber have not responded to a request for a comment.

The council says it will now seek its own advice on the law relating to the operations. The Taxi drivers say they are pleased with the outcome of the meeting and look forward to further developments

What did the QC say

Gerald Gouriet QC has written an email which has been sent to city council officers saying there are many cases where a Uber driver has been reported staying in the City of York rather than returning to their own designated area.

The Taxi trade in York asked Gerald Gouriet for his opinion after failing to get the City of York council to take their concerns seriously.

    “There is no “loophole” in the law that allows Uber to operate a private hire vehicle in an area in which neither Uber, the vehicle nor the driver are licensed.”

Now a copy of the his thoughts on the subject are with Matt Boxall,  Acting Head of Public Protection, and Chief Executive of the council Mary Weastell.

Wendy Loveday, who chairs the York Private Hire Association, says

    "We feel that the council should have done more.

    Once the licence was refused they (Uber) should not have been allowed to continue to operate in York.

    The council told us the law didn't allow the company to be banned from York but our expert opinion says that's not the case.

    We want the council to review the situation now in light of what Gerald Gouriet QC, one of the top barristers in the licensing trade says"

In his opinion he quotes the Local Government Miscellaneous Provisions Act (1976) and the sections 46 (1) (d)

This allows drivers to bring people into the city but not pick up again within the area.

Uber first came into York in September 2016.

The app based company was later refused a renewal of its operating licence.

Uber dropped plans to appeal.


City of York Council response last week

A City of York Council spokeswoman, said:

    "Yesterday [19 November] we received a legal opinion from Gerald Gouriet QC on behalf of the taxi trade.

    It is being considered by our legal advisers."

Gerald Gouriet QC is one of the leading licensing practitioners in the UK.

He is General Editor of 'Paterson’s Licensing Acts' (2017), and also 'Smith & Monkcom:The Law of Gambling' (2017).

He advises and appears for applicants and objectors, resident's associations, local authorities and police.

He has appeared for residents and residents' associations in Westminster, Lambeth, Newcastle and York: (objections to grants, appeals against grants and a successful review of a large public house brought by local people on the ground of noise-nuisance).

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