Highland Council allows jailed rapist to keep taxi operator licence as red-faced local authority scrambles to undo botched decisionhttps://www.inverness-courier.co.uk/new ... at-438802/Highland Council is set to redo a decision allowing convicted rapist David Brown to keep his taxi operator licence despite him being jailed for almost seven years last month.
The extraordinary move came after a review request hearing came to the council’s licensing committee last Tuesday when it is understood that councillors voted behind-closed-doors by majority to allow Brown to keep the operator’s licence.
That also flew in the face of a Police Scotland objection to Brown retaining the licence.
To undo that decision, the council has been forced to effectively brand its own ruling in the matter as a potential “contravention of law” or “maladministration leading to injustice”.
It is understood that the item will be reconsidered by all councillors - and that those councillors who voted to continue Brown’s licence could face a vote of no confidence, with some thought to be considering their positions.
In December 2023, Brown (50) was convicted of raping a “vulnerable” 18-year-old female passenger in a remote lay-by between Dingwall and Strathpeffer.
He was accused of effectively “dumping” her in sub-zero temperatures and was sentenced to six years and nine months in prison and placed on the Sex Offenders’ Register for life for what the judge described as “a terrifying ordeal” for his victim who had been on a night out in Inverness.
Five weeks after his sentencing, the licencing committee said he could keep the operator’s licence which is linked to a vehicle.
His taxi driver’s licence was removed in January 2024, the month after the attack on the teenager.
The precise reason why Brown was allowed to retain his operator’s licence has not been made public, as a Highland Council spokeswoman explained: "We do not comment on individual licensing cases, especially those held in private.
“However, we can confirm that a Standing Order 16 Notice of Referral has been initiated by the chief officer - legal and corporate governance.
“The licensing committee decision will now be referred to a future meeting of the Highland Council for further consideration.”
It allows the council’s chief legal and governance officer Stewart Fraser to refer to the full council “any decision taken which they consider a contravention of law or any code of practice under any enactment, or maladministration leading to injustice”.
The move was announced at last week’s full council meeting by convener Bill Lobban – just two days after the licensing committee met – and means all councillors need to receive some legal training.
Cllr Lobban said: “I will liaise with the chief officer of legal and corporate governance to agree future steps, which will include delivery of training for all members, as licensing training will be required for all members.
“Myself, the leader of the council and the leader of the opposition support the decision of the chief officer of legal and corporate governance. This is for your information.”
A Police Scotland spokesperson said: “We can confirm officers attended a Highland Council licensing committee meeting on Tuesday, June 23, and submitted an objection.
“The decision on whether to grant a licence is a matter for the council.”