Response From Kirsten Oswald Minster for Victims & Community Safety

Response from Kirsten Oswald Minister for Victims and Community safety … 

In Full :-

Our Reference: 202600527322

Your Reference: Petition and Invitation to Meeting

17 July 2026

Dear Allan, Laura and Diane,

Thank you for your letter dated 10 July 2026 regarding the decision by Highland Licensing Authority to allow a taxi driver found guilty of rape to retain their Taxi Operators Licence.

I recognise that this case has raised understandable concerns. It may be helpful however if I first clarify how the Taxi and Private Hire Car (PHC) licensing regime operates in Scotland. Taxi and PHC licensing is governed by the Civic Government (Scotland) Act 1982 ("the 1982 Act"), not the Licensing (Scotland) Act 2005, which covers alcohol licensing, that you refer to in your letter. The preamble of the 1982 Act states that it is: 'An Act to make provision as regards Scotland for the licensing and regulation of certain activities; for the preservation of public order and safety and the prevention of crime!

The day-to-day administration of the licensing regime for Taxis and PHCs is devolved to independent local licensing authorities - in effect the 32 local authorities - who take local circumstances into account in the decision making process to ensure that they provide safe and appropriate services for members of the public. It is for individual local licensing authorities, such as Highland, to seek their own legal advice as appropriate in regard to the exercise of their licensing powers, and operate within the legislative framework set.

The Scottish Ministers do not have any specific functions in relation to the granting of individual licences for Taxis and PHCs, which are operational matters for local licensing authorities. The Scottish Government also cannot interfere in such matters. However, the Scottish Government can provide best practice guidance to assist local licensing authorities in their decision making.

In May 2023 the Scottish Government published updated best practice guidance for local licensing authorities and Taxi and PHC operators on the licensing of Taxis and PHCs and their drivers. The best practice guidance includes information in relation to issues such as the installation of CCTV in vehicles, Protection of Vulnerable Groups and Criminal Record Checks for drivers.

The guidance states that a licensing authority should refuse an application for the grant or renewal of a licence if the applicant is disqualified or is "not a fit and proper person" to be a holder of the licence.

While consideration of criminal convictions is a matter for the local licensing authority. The guidance states that whilst they should consider each case on its own merits. they will "doubtless take a particularly cautious view of any offences involving violence, and especially sexual in nature.".

Meanwhile, the guidance also sets out that the use of CCTV can provide reassurance for both passengers and drivers and such consideration of whether and to what extent CCTV should be used is a decision for the local licensing authority.

I am aware that the decision by Highland licensing committee to allow this individual to retain his operator's licence has been referred to a future meeting of the full council for further consideration. It would not be appropriate for the Scottish Government to comment about a specific licensing decision whilst it is still under consideration by the relevant licensing authority. I note also that the individual in question is going to appeal his sentence.

You may also be interested to know that last year the Scottish Government convened a Task Force on Civic Licensing to review a range of existing licensing provisions of the 1982 Act. One of the licensing policy areas being looked at is the legislation in relation to Taxi and PHC licensing. It is expected that a report setting out any proposed reform, recommendations and potential changes to the 1982 Act, including in relation to the current Taxi/PHC licensing regime, will be presented to the Scottish Government for consideration in the next few months.

Given all of the above, I must decline your kind offer to meet to discuss this case. I trust however that the information I have provided in this letter is of some interest.

Yours sincerely,

KIRSTEN OSWALD