This is the full motion here.
Certainly plenty of fine words
(The numbering seems to be a bit odd at one point (literally a rogue odd number...), but it's as per the council document.)
Public Safety, Licensing Decision-Making and an Independent Review
Council notes:1. The significant public interest generated by the Highland Licensing Committee's
decision of 23 June 2026 in relation to the taxi operator licences held by David
Brown and the subsequent referral of that decision for reconsideration.
2. That discussion arising from the decision has extended beyond the circumstances
of a single case and has prompted wider debate regarding public confidence in
the Council's licensing processes, particularly in relation to public safety,
safeguarding, transparency and the application of the statutory "fit and proper
person" test.
3. That licensing is fundamentally a public protection function and that public
confidence is strengthened when licensing decisions are seen to place safety,
safeguarding and the prevention of harm at their centre
4. That a number of questions have been raised by elected members and members
of the public regarding:
• consistency of decision-making;
• the weight attached to Police Scotland objections and public protection
information;
• the treatment of offences involving violence against women and girls;
• the application of the fit and proper person test;
• the balance between transparency and confidentiality in licensing
proceedings;
• the nature and extent of information available to members in cases involving
ongoing criminal proceedings, including sub judice considerations; and
wider public confidence in licensing outcomes.
5. That Highland Council has responsibilities under the Equality Act 2010 and has
publicly committed itself to promoting equality, challenging discrimination and
advancing the safety and wellbeing of all communities.
1. That understanding how different groups experience licensing services, including
women and girls, can help inform effective policy and decision-making.
Council believes: 1. That public confidence is enhanced where licensing decisions are demonstrably
fair, transparent, consistent and grounded in public protection.
2. That residents and visitors should be able to use licensed services and premises
with confidence that safeguarding considerations are being given appropriate
weight.
3.That where questions have arisen regarding decision-making processes,
governance arrangements, organisational culture or the consideration of equality
and safeguarding issues, it is beneficial for these matters to be examined
independently and objectively.
4. That an independent review would provide an opportunity to identify lessons,
share good practice, strengthen public confidence and support elected members
in carrying out their licensing responsibilities.
Council therefore agrees: 1. To commission an independent external review of Highland Council licensing.
2. That the review should be led by a suitably qualified individual independent of
Highland Council and that, where appropriate, the review will engage with
individuals, organisations or professional bodies with relevant expertise in:
• licensing law;
• public protection and safeguarding;
• violence against women and girls;
• equality and human rights; and
• governance and ethical decision-making.
3. That the review may wish to consider:
• the operation of the Highland Licensing Committee;
• arrangements relating to the appointment of the Chair of Licensing,
• recognising the Committee's quasi-judicial role;
• the adequacy of governance, advice and support arrangements available to
• members in supporting lawful, consistent and evidence-based decision
making;
• consistency in the application of the fit and proper person test;
• the treatment of Police Scotland objections and public protection evidence;
• decision-making in cases involving violence, sexual offending, domestic
abuse and safeguarding concerns;
• the extent to which issues relating to women's safety and lived experience
are reflected in licensing decision-making;
• whether there are lessons to be learned regarding equality, unconscious
bias, organisational culture or other factors that could potentially influence
decision making;
• the adequacy of member training and support;
• decision-making culture, governance arrangements and accountability
mechanisms; and
• opportunities to strengthen public confidence, transparency and public
understanding of licensing decisions.
4. That the review should, where appropriate, engage with elected members, Council
officers, Police Scotland, licensing professionals, equality organisations, women's
organisations and other relevant stakeholders.
5. That the Chief Executive is requested to bring forward to the next meeting of the
Council detailed proposals for commissioning the review, including proposed
governance arrangements, terms of reference, resource implications and
estimated costs, for consideration and approval by Council.
6. That subject to approval as described at para 5 above, the Review Chair will be
appointed and review initiated by the end of December 2026.
7. That an interim report will be presented to Highland Council by 31 March 2027,
setting out progress to date, any emerging themes or findings, and the Review
Chair's proposed timetable for completion of the review, including arrangements
for the presentation of any final report and recommendations to Council.
8. That the review does not prevent the Council from instigating interim changes to
the operation and membership of the Licencing Committee pending the final
report and recommendations.
9. To reaffirm Highland Council's commitment to public safety, equality, transparency
and continuous improvement in licensing decision-making.
Signed:Mrs J Hendry
Mrs K MacLean
Mrs E Knox
Ms S Atkin
Ms L Johnston
Mrs M Reid
Mrs K Willis
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