UBER UPDATE UK
LONDON OPERATING LICENCE CHALLENGED IN HIGH COURT
Black cab drivers are challenging Uber’s temporary operating licence in London, claiming the judge that granted it was 'biased'. According to the Daily Mail, the United Cab- bies Group Ltd (UCG), which represents hackney carriage drivers in the capital, has made the complaint against Chief Magistrate Emma Arbuthnot. It claims the judge, who granted Uber a 15- month permit in June, was ‘tainted by actual or apparent bias’ when she granted the licence - due to her being married to Lord Arbuthnot who is alleged to have financial connections to the taxi firm. The licence had been granted on a ‘proba- tionary’ basis at Westminster Magistrates’ Court in June last year after TfL refused to renew it amid safety concerns. But the judge said in August she would not hear any further cases involving the taxi-hailing app after a newspaper article alleged there were financial connections between her husband, Lord Arbuthnot, and Uber. At a hearing in London on Wednesday 13 February, lawyers for UCG acknowledged the judge was unaware of any such links but said she should have ‘checked for any potential conflicts of interest’ before making her decision on Uber’s licence. They also argued that the decision was not open to her because Uber did not meet the ‘it and proper person’ criteria necessary for holding a licence. Robert Griffiths QC, for UCG, told Lord Chief Justice Lord Burnett and Mr Justice Supperstone that it was ‘significant’ the judge did not say she was ‘satisfied’ the taxi firm met the criteria. He added: “In our submission, what the learned Judge has done is to grant a temporary licence to (Uber) on the basis that it may become a fit and proper person.” Lawyers for Uber said the alleged connection between Lord Arbuthnot and Uber was ‘at best extremely tenuous’ and the judge was unaware of it. They also argued the judge applied the correct test and did make a finding the firm was fit and proper to hold the licence. Philip Kolvin QC said: “The court will have noted that the issue of Uber’s fitness received the most exhaustive consideration both by its regulator, TfL and by the judge. The attack on the judge’s impartiality and decision-making by non- parties to the appeal, who also happen to be trade competitors of Uber, is without substance and should be rejected.” Uber’s application for a five-year licence was rejected by TfL in September 2017. TfL had a number of concerns with the firm, including failure to report criminal allegations to the police and the use of technology to thwart regulators outside the UK. Chief Magistrate Arbuthnot issued the shorter licence with stringent conditions after concluding the firm had made ‘rapid and very recent’ changes. In her ruling she was critical of the firm, saying its failure to inform police of criminal allegations 'lacked common sense' and that it had painted a 'false picture' of its processes. Following the article in the Observer newspaper in August, she assigned a licensing appeal by Uber which she was due to hear in Brighton to another judge and said she would not sit in future cases
Chief Magistrate Emma Arbuthnot
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involving the firm. In a statement issued at the time, a spokesman for the judiciary said: “Chief Magistrate Arbuthnot did not know the Qatar Investment Authority for which her husband had acted as an adviser was a shareholder in Uber or had any links with Uber. “Lord Arbuthnot was not aware that the Qatar Investment Authority was a shareholder in Uber or that it had any links to Uber. “This is the first time that such a connection has been brought to the Chief Magistrate's attention.” The spokesman added: “It is essential that judges not only are, but are seen to be, absolutely impartial.” Lord Burnett and Mr Justice Supperstone are also hearing submis- sions from TfL and the Licensed Taxi Drivers' Association, who previously made representations to Chief Magistrate Arbuthnot. The judges will give their ruling in the case, against Westminster Magistrates' Court, at a later date. In a statement after the hearing, an Uber spokeswoman said: “We’ve made lasting changes to our business over the last year and a half. “We've introduced new safety features in the app for riders and bet- ter protections for drivers. “Since the court ruling in June we have launched emergency assis- tance so riders can connect directly with the emergency services through the app. “This is one of a series of improvements we're making for both pas- sengers and drivers, and we continue to listen, learn and improve.”
UBER WINS ONE-YEAR BIRMINGHAM LICENCE RENEWAL
Uber is to continue operating in Birmingham for at least another year after being granted a renew- al of its operator licence by the city council, reports the Birming- ham Mail. A licensing sub committee held a meeting behind closed doors at the end of January and unani- mously agreed for the firm to carry on until January 31, 2020 when it will be reviewed again. The minicab app stated it had been ‘humbled’ by the reaction in Birmingham since launching in the city in 2015. A booklet, submitted as part of their application, provided a num- ber of statistics about the operation revealing that more than 1,000 drivers licensed by Birmingham City Council are earning money through the app. There have been more than 15 million trips since 2015 with an aver- age pick-up time of four minutes. Uber also highlighted a number of their safety features including cashless transactions, the fact that all trips are recorded on GPS and a feature which requires drivers to take a six-hour break if they have been ‘on trip’ for ten hours. The firm stated it was looking to ‘strengthen’ working relationships with West Midlands Police and Birmingham City Council licensing enforcement. Uber also has a Memorandum of Understanding with the West Mid- lands Combined Authority to make transport data available to assist in infrastructure planning decisions in the city. Fred Jones, director at Uber UK, said: “For the next stage of our journey we are excited about better partnering with the city to help solve some of the urban transport challenges that Birmingham faces, including congestion, air quality, and providing safe, afford- able and reliable transport to every corner of the city.”
MARCH 2019
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