Democracy Spraffa

Item 3 - Hearing regarding the possible suspension of a Taxi Licence - Gerard Murphy

West Dunbartonshire Council · 13 January 2026
Back to Licensing Committee — 13 January 2026 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory and Regeneration
Licensing Committee – 13 January 2026 
Subject: Hearing regarding possible suspension or revocation of a Taxi Licence 
1.  Purpose  
1.1 To consider a request from the Chief Constable of the Police Service of Scotland
(‘Police Scotland’) for the suspension of a Taxi Licence held by Mr. Gerard Murphy,
153 East Clyde Street, Helensburgh G84 7AE. Members also have the option to
revoke the licence.  
2. Recommendations  
2.1 The Committee are asked to consider the terms of this report, the terms of the letter
from the Chief Constable and any evidence presented at the hearing and thereafter
determine whether the licence should be suspended and, if so, the duration of the
suspension and date of commencement thereof or alternatively revoke the licence
(or both).  
3. Background  
3.1 On 5 December 2025, a letter was received from the Chief Constable requesting
the immediate suspension of the Taxi Licence held by Mr. Gerard Murphy under
Paragraph 12(1) of Schedule 1 to the Civic Government (Scotland) Act 1982 on the
grounds that the carrying on of the activity to which the licence relates is likely to
cause a serious threat to public order or public safety. 
3.2 Having consulted with both the Chief Officer – Regulatory and Regeneration and
the Vice Chair of the Licensing Committee it was decided that having regard to the
content of the letter received from the Chief Constable, the test set out Paragraph
12 of Schedule 1 to the Act was met and the Taxi Licence held by Mr. Murphy
should be suspended with immediate effect.  
3.3 Mr. Murphy’s current Taxi Licence has an expiry date of 6 March 2027. 
4. Main Issues  
4.1 In his letter the Chief Constable also requested a suspension of the licence under
Paragraph 11 of Schedule 1 to the 1982 Act. A licensing authority may, in these
circumstances, order the suspension or revocation of a licence under Paragraph 11
if, in its opinion:- 
(a) the holder of the licence is not, or is no longer, a fit and proper person to hold
the licence and/or;

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(c) the carrying on of the activity to which the licence relates has caused, is causing
or is likely to cause undue public nuisance or a threat to public order or public
safety.  
4.2 The period of suspension of a licence is the unexpired portion of the duration of the
licence, or such shorter period as the licensing authority may fix. 
4.3 Where a licensing authority decides to order the suspension or revocation of a
licence, the suspension or revocation generally does not take effect until the expiry
of the time within which the holder of the licence may appeal against the suspension
or revocation (28 days from the date of the decision to suspend) or, if an appeal has
been lodged, until the appeal has been abandoned or determined in favour of the
suspension or revocation. However, if the licensing authority determines that the
circumstances of the case justify immediate suspension or revocation, it may order
that the licence be suspended immediately.  
4.4 A licensing authority must, before deciding to suspend or revoke a licence under
Paragraph 11, give the holder of the licence and the Chief Constable an opportunity
of being heard.  
4.5 The licence holder and a representative of the Chief Constable have been invited to
the meeting of the Committee on 13 January 2026 in order that a hearing may take
place with regard to the possible suspension or revocation of the licence.  
4.6 In considering whether to suspend or revoke a licence the licensing authority may
have regard to any misconduct on the part of the licence holder which in the opinion
of the authority has a bearing on his fitness to hold a licence.  
4.7 The matters which the Committee will require to consider in relation to paragraph
4.1 above are as follows:- 
(a) Whether the alleged misconduct has been established. 
(b) If the Committee is satisfied that the alleged misconduct has been
established, whether, having regard to the misconduct on the part of the
licence holder, this has a bearing on Mr Murphy’s fitness to hold a licence. 
(c) If the Committee is of the opinion that Mr. Murphy is no longer a fit and
proper person or that the carrying on of the activity has caused, is causing or
is likely to cause undue public nuisance or a threat to public order or public
safety, the Committee must consider whether his licence should be
suspended or revoked. 
(d) If the Committee is satisfied that the licence should be suspended, the
Committee must give Mr. Murphy an opportunity of being heard on the length
of the suspension and the date from which the suspension should
commence. 
(e) The Committee must then consider what length of suspension is appropriate

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and whether the circumstances of the case justify immediate suspension. 
(f) If the Committee is satisfied that circumstances of the case justify revocation,
the Committee must consider whether the licence requires to be suspended
with immediate effect.  
5. People Implications  
5.1 There are no personnel issues.  
6. Financial Implications  
6.1 There are no financial implications  
7. Risk Analysis  
7.1 There is no increased risk to the Council associated with the contents of this report.  
8. Equalities Impact Assessment (EIA)  
8.1 No impact assessment is required because this report does not involve any change
to policies or services or financial decisions.  
9. Consultation  
9.1 No consultation was required in relation to this request for suspension from Police
Scotland.  
10. Strategic Assessment  
10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure
our Communities are Resilient and Thriving.   
Chief Officer – Regulatory and Regeneration 
Date 9 December 2025 
Person to Contact: Robert Mackie, 
Senior Officer (Licensing Services)
Licensing Team
Municipal Buildings
Dumbarton
G82 1NR. 
Tel. No. (Direct line) 01389 738742.
robert.mackie@west-dunbarton.gov.uk 
Appendices: N/A.

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Background Papers: 
1. Letter dated 5 December 2025 from the Chief Constable, Police Scotland.  
2. Letter to Mr. Murphy dated 10 December 2025.   
Wards Affected: N/A.