Highland Council has approved an independent review of its licensing arrangements following the David Brown taxi scandal, but the council’s own published terms confirm that individual councillors’ conduct will not be investigated.
The review, estimated to cost around £50,000, was approved on 5 November following widespread criticism of the Highland Licensing Committee’s decision on 23 June 2026.
Six councillors voted to take no action against the taxi operator’s licences held by convicted rapist David Brown, despite his conviction for raping a young woman who had been a passenger in his taxi.
Brown’s taxi driver’s licence had already been suspended in January 2024, meaning the controversial decision concerned his operator’s licences rather than permission to drive passengers.
He surrendered both operator’s licences on 3 August, before the full council could reconsider the committee’s decision.
The controversy subsequently prompted a vote of no confidence in five councillors and a motion calling for independent scrutiny of the council’s licensing arrangements.
That review has now been approved, but its limitations are clearly established in the council’s official documentation.
Appendix 3 of council report HC/37/26, entitled Independent Review of Public Safety, Licensing Decision Making and Governance, explicitly excludes assessing the conduct, performance or responsibilities of individual elected members and officers.
It also rules out determining personal liability, overturning licensing decisions or investigating matters reserved for statutory complaints and standards procedures.
Individual licensing cases may be examined to identify weaknesses in the system, but the reviewer will not determine whether particular councillors were personally at fault.
This is a significant distinction given that the controversy arose from a decision taken by elected representatives exercising statutory licensing powers.
Appendix 2 confirms that council officers provide advice, while councillors remain responsible for making licensing decisions after considering the evidence presented.
It also establishes that there is no statutory requirement for Licensing Committee members to undertake formal training and assessment, although the council provides training and expects members to participate.
The review will examine committee appointments, training, governance, the handling of Police Scotland evidence and how councillors apply the legal requirement that licence holders must be fit and proper persons.
Safeguarding, sexual offending, domestic abuse and the safety of women and girls will also form part of the examination.
Section 3.1 of the council report estimates the investigation could cost approximately £50,000, with the final cost dependent on procurement.
Meanwhile, Section 11.1 details changes already underway, including separating membership of the Highland Licensing Committee from the Highland Licensing Board, appointing new committee members and exploring further training with Police Scotland and safeguarding organisations.
Appendix 4 establishes arrangements intended to protect the reviewer’s independence, while Appendix 5 sets out the proposed timetable.
The reviewer is expected to be appointed by the end of December, with an interim report scheduled for 25 March 2027, shortly before Scotland’s local government elections.
No final completion date has yet been confirmed.
The council has committed to publishing the final findings, subject to relevant legal restrictions.
The review may identify important improvements to licensing procedures and public safety, but it will not answer every question arising from the original decision.
Highland Council’s own documents establish the distinction clearly: the system will be examined, but the individual conduct of the councillors responsible for the controversial decision will not.
