Why a convicted rapist taxi driver was able to keep his operating licence

The decision to not revoke the licence has been dubbed “deeply harmful” by Rape Crisis Scotland and those who have resigned said compromising the safety of women and girls has been “too much to bear”.

Following a public outcry, the decision is now set to be reviewed - but why was the licence allowed to stand in the first place?

What happened?

David Brown, 50, was jailed for six years and nine months in May after attacking an 18-year-old female passenger in December 2023.

The woman was getting a lift home from Inverness - but the driver drove past her village, parked up in a lay-by between Strathpeffer and Dingwall, and sexually assaulted her.

He then left her in sub-zero temperatures in Dingwall.

Brown initially claimed it had been a consensual sexual encounter, but he was found guilty by a jury after a three-day trial at the High Court in Stirling.

His taxi driver’s licence, allowing him to drive, was suspended in January 2024 after his crimes came to light - however he still held a separate operator’s licence, allowing his vehicle to be used as a taxi business.

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Why was the council asked to decide?

Brown’s family had requested he be allowed to keep his operator’s licence.

Members of Highland Council’s licensing committee were given three options - suspend or revoke the licence, or to do nothing.

The discussions happened in private to “protect the identities of victims” - something Rape Crisis Scotland says is “part of the problem”.

The councillors on the committee were told that allowing him to keep the operator’s licence would ensure his wife could continue to earn an income.

In the end, the committee agreed he could keep the licence after the six male councillors voted in favour and the four female councillors voted against it.

Police Scotland had recommended the licence be revoked.

What happened next?

Following harsh criticism of the decision, four of the six male councillors have resigned from the licensing committee and one has resigned from office completely.

This includes independent councillor and chair Sean Kennedy, Lib Dem councillor John Grafton, Highland Alliance councillor Duncan Macpherson and independent councillor Willie MacKay.

Councillor MacKay has also resigned from the council entirely.

Councillor Grafton has been suspended by the Scottish Lib Dem group, and SNP councillor Chris Birt has been asked by Councillor Raymond Bremner, the group’s leader on the council, to resign from the committee.

What have the councillors said?

Councillor Grafton and Councillor Macpherson defended the decision saying they voted based on the information that was presented to them at the meeting. They said they were assured by officials that Brown would never be permitted to drive a taxi again.

Councillor Macpherson said: “Speaking as a father of a daughter and a brother to three sisters, and as a grandfather, it troubles me that the decision I took in the committee has created a feeling of concern or insecurity about women’s safety in the Highlands.

“I would never knowingly play any part in compromising the safety of women and girls and I sincerely do not believe that I have done so in this case.

“My concern that the safety of women and girls even appears to have been compromised is too much for my conscience to bear, and this is why I am resigning.”

Councillor Grafton said that with the benefit of hindsight and information that was not available on the day of the meeting, an alternative decision could have been made.

He also said officials assured him that Brown “presented no current threat”.

Councillor Grafton said: “The remaining vehicle licence would expire well before he was due for release.

“It is my compassion and my processing which led me to this decision on the day.

“We have been told in licensing several times that we are not here to punish - that is the job of the courts.”

What happens now?

Legal officers at Highland Council took the unprecedented step of filing paperwork to allow this decision to be reviewed by all 74 councillors.

This will not happen until after the summer recess finishes in August.

A demonstration against the decision is in the works, and a petition calling for the six councillors to be investigated and potentially removed from office has been signed by almost 4,000 people.

What has Rape Crisis Scotland said?

Rape Crisis Scotland has branded the councillors’ resignations as “appropriate” as the decision was “deeply harmful” and “simply the wrong one”.

Speaking to BBC Radio Scotland Breakfast, Nicola Love from Rape Crisis Scotland said: “Women and girls are told to take taxis instead of walking home and then to make sure their taxi is properly licensed.

“They need faith they are choosing the right decision, so while this decision might have had additional complexities, there needs to be an understanding of the message it sends.”

She added: “Men have such a key role to play in gender-based violence and making better, more informed decisions. It was never about mass resignations, it is about making sure this doesn’t happen again.

“If there is bureaucratic red tape making it easier for convicted rapists to hold operational licences, that needs to be addressed too.”

She added: “If the best solution in front of them was to allow an operating licence to be retained in the name of a convicted rapist, then something needs to change.”