Scottish Government to “consider” taxi licensing law changes after Highland Council rapist licence controversy

The Scottish Government has said it will “consider” reviewing Scotland’s licensing laws after renewed calls for convicted sex offenders to be automatically barred from holding taxi licences, following the high-profile controversy involving Highland Council’s handling of licences linked to a convicted rapist.

The issue was raised during First Minister’s Questions on 22 September by Highlands and Islands MSP Morven-May MacCallum, who referenced Highland Council’s recent vote of no confidence in councillors who supported allowing a convicted rapist to retain a taxi licence.

MacCallum told Parliament that the case had demonstrated a serious weakness in the current licensing framework and asked whether the Scottish Government would review Scotland’s licensing laws and introduce legislation preventing convicted sex offenders from holding taxi licences. She argued that if women are to view taxis as a safe means of transport, safeguards must ensure that those convicted of serious sexual offences cannot continue to hold such licences.

Responding, First Minister John Swinney said he agreed “unreservedly” with the concerns raised and stated that there should never have been any question of a licence continuing in a case of that nature. He said the matter raised wider questions about the degree of discretion currently afforded to local licensing authorities under Scottish licensing legislation and indicated he was “very open” to considering legislative amendments. However, he stopped short of announcing a formal review, consultation or specific legislative timetable.

The parliamentary exchange follows weeks of controversy surrounding Highland Council’s licensing committee and its handling of licences connected to David Brown, an Inverness taxi driver jailed in May after being convicted of raping an 18-year-old passenger. Brown was sentenced to six years and nine months’ imprisonment following the attack, which occurred in December 2023. His taxi driver’s licence had previously been suspended, but a separate taxi operator’s licence remained active and became the subject of licensing proceedings.

The case attracted national attention after Highland Council’s licensing committee voted by six votes to four to allow Brown’s operator’s licence to continue despite objections from Police Scotland. According to reports, the committee was told that Brown’s wife had been operating the business and relied on the licence for income. The decision provoked widespread criticism from campaigners, politicians and victims’ groups, as well as significant public concern about the application of the “fit and proper person” test in taxi licensing decisions.

The fallout escalated further in September when Highland Council passed a motion of no confidence against the councillors who had supported allowing the licence to continue. The motion was approved by 56 councillors, with six voting against and five abstaining. Council leaders described the original licensing decision as a “catastrophic failure of judgement” and a betrayal of public trust.

An independent external review of Highland Council’s licensing arrangements has also been commissioned. The review is expected to examine issues including the operation of the licensing committee, the application of the fit and proper person test, the treatment of Police Scotland objections, safeguarding considerations and wider governance arrangements.