Item 4 - Hearing regarding the possible suspension of a Taxi Driver's 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 Driver's/Private Hire Car Driver's 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 Driver's/Private Hire Car Driver's 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 Driver's/Private Hire Car Driver's 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 at Paragraph 12 of Schedule 1 to the Act was met and the Taxi Driver's/Private Hire Car Driver's Licence held by Mr. Murphy should be suspended with immediate effect.. 3.3 Mr. Murphy’s current Taxi Driver’s/Private Hire Car Driver’s Licence has an expiry date of 30 June 2026. 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:-
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(a) the holder of the licence is not, or is no longer, a fit and proper person to hold the licence and/or; (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.
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(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 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
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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. 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.