The Westmorland and Furness Council Regulatory Committee convened to discuss several key items, most notably the application from Uber Britannia Ltd for a Private Hire Operator (PHO) licence, which was ultimately granted for a period of five years. The committee also reviewed minutes from previous meetings of both the Regulatory Committee and its sub-committees.

Uber Britannia Ltd Private Hire Operator Licence

The committee approved the application made by Uber Britannia Ltd for a Private Hire Operator Licence for a period of five years. The application specified that Uber intended to operate from Ulverston Business Centre at 25 New Market Street, Ulverston, Cumbria, LA12 7LQ.

The report presented to the committee noted several key points:

• Definition of a Private Hire Operator: A Private Hire Operator is defined under Section 80 of the Local Government (Miscellaneous Provisions) Act 1976 as a business that arranges bookings for private hire vehicles.
• Licensing Objective: The primary goal of licensing PHOs is to protect public safety by ensuring the safe dispatch of drivers and vehicles.
• Geographical Scope: Uber is currently operating within Westmorland and Furness using licences granted by other local authorities, as permitted under existing legislation.
• Fit and Proper Person Test: To be granted a licence, the council must be satisfied that the applicant is a fit and proper person . The report clarifies that this test is open-ended, but should consider regulatory compliance and public safety.
• DBS Checks: Unlike drivers, operators are not subject to enhanced Disclosure and Barring Service (DBS) checks¹. However, they can be asked to obtain a Basic Disclosure. The applicants, Neil McGonigle and Andrew Brem, had supplied basic DBS disclosures which raised no issues. The report acknowledged that while Uber has a physical presence in Ulverston with appropriate planning permission, it does not have a traditional telephone line for bookings. However, it was also recognised that modern technology, such as app-based booking systems, complies with statutory standards for recording booking details.

The report also noted that Uber holds 93 PHO licences throughout the UK. Details of these licences, including those held with Aberdeen City Council, Dundee City Council, Edinburgh City Council and Glasgow City Council, are listed in appendix 1 of the application.

The report included a working test, derived from Institute of Licensing guidance, to assess the fitness and propriety of PHOs:

Would I be comfortable providing sensitive information such as holiday plans, movements of my family or other information to this person, and feel safe in the knowledge that such information will not be used or passed on for criminal or unacceptable purposes?

The report outlined three options for the committee:

• Grant the licence for five years with standard conditions.
• Grant the licence for a shorter period than five years with standard conditions.
• Refuse the licence.

The report also noted Uber's history with other licensing authorities, including a refusal by Reading Borough Council in March 2016 due to local licensing conditions and concerns about demand. Similarly, Swansea City & County Council initially rejected Uber's application due to a condition requiring operators to check vehicles before each shift, which conflicted with Uber's model of using independent contractors. However, this was later granted on 12 January 2024. The City of York Council had previously refused to renew Uber Britannia Limited's PHO licence in December 2017, citing a failure to report a 2016 data breach and an increase in complaints. However, this licence was later renewed. Transport for London (TfL) had also refused to renew Uber London Limited's PHO licence on multiple occasions, but had granted subsequent licences following appeals and court decisions.

Minutes of Previous Meetings

The committee reviewed and approved the minutes of the previous Regulatory Committee meeting held on 19 March 2025, as well as the minutes from several Regulatory Sub-Committee meetings:

• 28 January 2025
• 5 June 2025
• 25 June 2025

The minutes of the Regulatory Committee meeting on 19 March 2025 included a discussion of the Sports Grounds Annual Report, which provided updates on the situation at Holker Street (Barrow AFC) and Craven Park (Barrow Raiders). The committee noted that the council had met its statutory obligations under the Safety of Sports Grounds Act 1975 and the Fire Safety and Safety of Places of Sport Act 1987 for 2024.

The minutes of the Regulatory Sub-Committee meeting on 28 January 2025 concerned applications to depart from the council's vehicle age policy. The sub-committee granted delegated authority to the Licensing Officer to issue a licence for vehicle HCV231 for an additional 12 months, subject to an inspection to ensure compliance with certain conditions, including the correct positioning of the licence plate and the removal of bull-bars obscuring the number plate. A similar decision was made regarding vehicle HCV545, a wheelchair accessible vehicle, subject to an inspection following its MOT in February 2025.

The minutes of the Regulatory Sub-Committee meeting on 5 June 2025 recorded the decision to grant Mr David Buck a Hackney Carriage Vehicle Licence for vehicle CP69KVL for a 12-month period, dispensing with the council's age limit policy on this occasion.

The minutes of the Regulatory Sub-Committee meeting on 25 June 2025 detailed the decision to grant Mr David Brook a Hackney Carriage Vehicle Licence for vehicle GY13 XNO for a 12-month period, again dispensing with the council's age limit policy. Councillor H Ladhams queried the MOT failure on 3 June 2025, and Mr Brook explained that this was due to vehicle emissions when the engine was cold.