Letter to Minister Kirsten Oswald 10/07/2026

Kirsten Oswald MSP

Minister for Victims and Community Safety

Scottish Government

St Andrews House

3 Regent Road

Edinburgh

EH1 3DG

Sent via Email

Dear Kirsten

Petition regarding Highland Council Licensing Board Decision re David Brown

Taxi Operators Licence

We are writing to you in relation to the above-mentioned petition which has called upon

Highland Council to immediately revoke the Taxi Operator’s Licence held by David

Brown following his conviction for rape and his custodial sentence.

The fundamental purpose of taxi licensing is to protect the public. Every licensed driver

and operator must be a fit and proper person to hold that responsibility. All passengers;

especially women, young people and vulnerable individuals; have the right to feel safe

when using licensed taxis.

It is deeply concerning to us that, despite Police Scotland formally advising on 2

separate occasions that this license should be revoked, six members of Highland

Council’s Licensing Committee voted to allow him to retain both of his two operator’s

licences; despite the fact that his wife, who is also part of the business, had over 2

years in which to apply for an operator’s licence in her own right.

We have further noted that the Highland Council’s own Chief Officer for Legal and

Corporate Governance has exercised Standing Order 16 to refer the decision for

reconsideration by the full Council; thereby demonstrating the exceptional

circumstances.

However, the next full Council meeting is not until sometime in September; by which

time the operator licences will have been continued for 4 months; meaning that a

convicted rapist has had 4 months of still being able to profit from a business only

registered with Companies’ House in his name only in April 2026, despite being

incarcerated.

As we are sure you will understand, this decision has sparked public outcry and has

vastly undermined confidence in the taxi licensing system both at Highland Council level

and nationally.Public confidence in the licensing system can only be maintained where public

safety is placed above all considerations.

As the Minister responsible for Taxi Licensing, you will be aware that the Highland

Licensing Board is legally required to uphold five core licensing objectives as set out in

the Licensing (Scotland) Act 2005. These five objectives drive all licensing decisions,

policies and conditions across the Highland Region. These objectives are:

1. Preventing Crime and Disorder – Ensuring that licensed venues do not contribute

to criminal activity, anti-social behaviour, or public disturbances.

2. Securing Public Safety – Maintaining a safe environment inside and in the

immediate vicinity of the premises for customers, staff and passers-by.

3. Preventing Public Nuisance – Mitigating disturbances caused by noise, light, litter

and late-night customer dispersal.

4. Protecting and Improving Public Health – Promoting responsible drinking,

precenting excessive alcohol consumption and supporting overall community

health.

5. Protecting Children and Young Persons from Harm – Restricting underage

access and ensuring children are safe from physical, moral or psychological

harm when present in licensed spaces.

These objectives are central to the Highland Licensing Board Policy Statement which

guides all local operating plans, special conditions and licensing applications.

We believe that by allowing a convicted rapist to continue to hold a taxi

operator’s licence breaches objectives 1,2,3 and 5.

A public petition was started on 1st July, when the news of this decision broke on social

media. To date this petition has garnered over 5000 signatures, which should show the

depth of public feeling on this matter.

We have called upon Highland Council and the Highland Licensing Board/Committee to

do the following:

1. Revoke David Brown’s two taxi operators and taxi driver licences with immediate

effect and ensure that he is barred for life from holding such licenses in the

future.

2. Ensure that public protection remains the overriding consideration in all taxi

licensing decisions.3. Publish the reasons for the Licensing Committee’s decision in the interests of

transparency.

4. Instruct that an independent review is immediately conducted into the decision-

making process followed by the Licensing Committee.

5. Consider whether any member of the committee failed to discharge their duties

appropriately and, if necessary, remove those members from future licensing

responsibilities pending the outcome of any investigation.

6. Review Highland Council’s taxi licensing policy so that anyone convicted of the

most serious violent or sexual offences cannot continue to hold a taxi operator’s

licence where the law permits.

The public MUST have complete confidence that those entrusted with

transporting passengers meet the highest standards of safety, integrity and

trustworthiness.

Further to this, we would like to see the Scottish Government legislate to ensure that

anyone who is convicted of violent or sexual offences is barred from holding any kind of

taxi licence for life.

We would also like to see legislation passed to ensure that all licence holders (whether

taxi driver, taxi operator or private hire car driver) hold full DBS and PVG checks to

ensure that the safety of the public is paramount.

A further piece of legislation that would enhance public confidence would be to make it

law that all taxis (including Private Hire) have fixed CCTV cameras installed, where the

footage is saved to a secure server and access is limited to the police and judicial

services.

We would invite you to come to Inverness to meet with us to discuss this and look

forward to hearing from you with details on what action the Scottish Government will be

taking to ensure that public safety is at the forefront of licensing and that the voices of

victims will continue to be heard.

Yours for Scotland

(signed)

Allan Duffy

Laura Hansler

Diane Wilkinson