Highland councillors have overwhelmingly delivered a vote of no confidence in five members who permitted a taxi driver convicted of rape to retain two taxi operator licences. The motion, brought before the full council on 17 September 2026, followed sustained public and political pressure over the licensing committee's controversial June decision.
David Brown was sentenced to almost seven years in prison in May 2026 after sexually assaulting an 18-year-old passenger in a Ross-shire lay-by in December 2023. Despite his conviction, six male members of Highland's licensing committee voted to take no action on the operator licences held in his name on 23 June, while four female councillors voted against the move. The decision prompted widespread criticism from rape charities and political figures, including First Minister John Swinney, who described it as a "terrible controversy" for the local authority.
The five councillors subject to the no-confidence vote were Sean Kennedy, Chris Birt, John Grafton, Ruraidh Stewart and Duncan Macpherson. All five had previously resigned from the licensing committee, along with Willie Mackay, who has since quit the council entirely, triggering a by-election in his Wick and East Caithness ward. The no-confidence motion involved 56 councillors and followed a debate lasting almost two hours.
How did the original licensing decision unfold?
The licensing committee's decision in June centred on Brown's two taxi operator's licences, which are not transferable and can be granted for up to three years. When the licences came before the committee for review, members heard from Brown's wife at a private meeting where she requested the licence continue so her family would not lose its income. The committee chose to take no action, despite having the option to suspend or revoke the licences.
Brown's taxi driver's licence had already been suspended in January 2024, a month after his arrest, once details of his offences emerged. However, the operator's licences remained under review until the June committee meeting.
What was the nature of the original attack?
Brown, aged 50, had picked up the 18-year-old woman after she had been on a night out in Inverness in December 2023. She requested transport back to her Highland village, but instead Brown drove past her destination and pulled into a lay-by near a farm between Strathpeffer and Dingwall, where he sexually assaulted her. He then abandoned her in Dingwall in sub-zero temperatures.
Brown initially denied the charge of rape and claimed he had engaged in a consensual sexual encounter. However, he was found guilty following a three-day trial in Edinburgh in April 2026.
What happened after the public backlash?
Following widespread criticism, Brown surrendered both his operator's licences on 3 August 2026. Rape charities had been particularly vocal in their opposition, arguing that "a convicted rapist who used his professional position to attack a young woman" should not be permitted to hold a licence in that same industry. The decision to allow him to keep the licences had sent out a harmful message to women, they contended.
The five councillors who voted to allow Brown to retain his licences came from different political backgrounds. Sean Kennedy, the committee's former chairman, resigned from the Highland Independent group and became a non-aligned councillor. Ruraidh Stewart is a Scottish Conservative; Duncan Macpherson represents the Highland Alliance; John Grafton was suspended by the Scottish Liberal Democrats; and Chris Birt was suspended by the SNP following his vote.
What does the no-confidence vote mean?
The overwhelming no-confidence vote on 17 September 2026 represents a formal expression of disapproval by the full council, but it is now up to each of the five councillors individually to decide whether to resign from their positions. The vote does not automatically trigger their removal from office.
According to reporting on the council's response, seven councillors—Jackie Hendry, Emma Knox, Lyndsey Johnston, Kate MacLean, Sarah Atkin, Morven Reid and Kate Willis—put forward a motion calling for an external independent review of the licensing process. Four of these seven had been members of the licensing committee and had voted against allowing Brown's licences to continue.
What is the wider context of this case?
The controversy has exposed significant concerns about Highland Council's licensing procedures. Police Scotland received correspondence in August 2025 regarding a possible licensing breach, though no further action was taken at that time. The case has prompted calls for a comprehensive review of how the council handles licensing decisions involving individuals with criminal convictions.
The decision by the licensing committee had drawn immediate criticism. Local media reporting highlighted that the vote split along gender lines, with all six male committee members voting to allow Brown to retain his licences and all four female members voting against.
What happens next?
The September council meeting also considered the proposed external independent review of licensing procedures. The by-election in the Wick and East Caithness ward, following Willie Mackay's resignation from the council, represents the next scheduled electoral event in the affected area. The five councillors subject to the no-confidence vote must now decide individually whether to step down from their positions.
