Item 5 – Hearing for Taxi Licence - Gerry Divers
West Dunbartonshire Council · 7 October 2026
Back to Licensing Committee — 7 October 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Official WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory and Regeneration Licensing Committee - 7 October 2026 ___________________________________________________________________ Subject: Hearing regarding possible suspension or revocation of a Taxi//Private Hire Car Driver's Licence 1. Purpose 1.1 To consider a request from the Civic Licensing Standards Officer for the review of a Taxi/Private Hire Car Driver's Licence held by Mr. Gerard Divers, 11B Cowal View, Duncan Street, Clydebank G81 3DF. 2. Recommendations 2.1 The Committee are asked to consider the terms of this report 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. 3. Background 3.1 Mr Divers has held a Taxi Driver’s Licence for over 30 years. The Licensing Team have received a number of complaints in relation to Mr Divers’ conduct in the past 12 months. Notes on the complaints against Mr Divers can be found at Appendix 1. As a result of these complaints, Civic Licensing Standards Officers held a meeting with Mr Divers on Friday, 10 July 2026 to discuss his recent conduct. 3.2 At the meeting of 10 July 2026 the following complaints were put to Mr Divers; (i) On 10 June 2026, Mr Divers is alleged to have thrown coins, offered as a tip within the taxi, on to the street outside his vehicle; and (ii) on 15 May 2026, Mr Divers is alleged to have driven his vehicle in a manner which caused his passenger alarm and complained to the passenger about how little money he had made that day. 3.3 It was noted by Officers that Mr Divers did not deny that these events had taken place, and that he provided a version of events in relation to the complaints listed at 3.2. Accordingly, these complaints were upheld and
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Official Officers advised Mr Divers that should any further complaints of a similar nature be received, a review of his Taxi/Private Hire Car Driver’s Licence would be sought. 3.4 On Monday 7 September 2026, the Licensing Team received a voicemail message from a member of the public who stated that Mr Divers had thrown change out of the window in a manner similar to the complaint referred to at 3.2 (i) above. This complaint was corroborated by the account of a second passenger who travelled on this journey. 3.5 It is the view of the Licensing Standards Officer that these complaints demonstrate a breach of Taxi Driver's Licence Condition 23: 23. The driver of a Taxi, while plying for hire or carrying a passenger, shall be clean and tidy in his person and adhere to the Dress Code for Taxi/Private Hire Car Drivers approved by West Dunbartonshire Council. The driver of a Taxi shall conduct himself in a proper and civil manner. In accordance with the Smoking, Health and Social Care (Scotland) Act 2005, smoking within a Taxi is prohibited at all times whether the driver is engaged in a hire or not. 3.6 Section 45H(3)(b) of the Civic Government (Scotland) Act authorises the Civic Licensing Standards Officer to refer a breach of condition without issuing a compliance notice if the Officer considers that it is appropriate for the breach to be referred to the authority without such a notice being given. 3.6 Several other complaints have been received from other road users which relate to the manner of Mr Divers’ driving. As these complaints relate to matters dealt with under Road Traffic Legislation, the complainers were advised to report these matters directly to Police Scotland. 3.7 The Taxi/Private Hire Car Driver’s Licence currently held by Mr. Divers has an expiry date of 31 August 2027. 4. Main Issues 4.1 The Civic Licensing Standards Officer has requested that the Committee review the Taxi/Private Hire Car Driver’s Licence held by Mr. Divers. 4.2 If the Committee are of the opinion that a suspension of the licence is merited, the procedure that should be observed is laid out in Paragraph 11 of Schedule 1 to the 1982 Act. 4.3 A licensing authority may, in these circumstances, order the suspension or revocation of a licence under Paragraph 11 if, in its opinion the holder of the licence is not, or is no longer, a fit and proper person to hold the licence and/or a condition of the licence has been contravened.
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Official 4.4 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. 4.5 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 justify immediate suspension or revocation, it may order that the licence be suspended immediately. 4.6 A licensing authority must, before deciding to suspend or revoke a licence under Paragraph 11, give the holder of the licence and the Civic Licensing Standards Officer an opportunity of being heard. 4.7 The licence holder and the Civic Licensing Standards Officer have been invited to the meeting of the Committee on 7 October 2026 in order that a hearing may take place with regard to the possible suspension or revocation of the licence. 4.8 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. 4.9 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 Divers fitness to hold a licence; (c) if the Committee is of the opinion that Mr. Divers is no longer a fit and proper person or that a condition of the licence has been contravened, 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. Divers 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; and
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Official (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 N/A 6. Financial and Procurement Implications 6.1 N/A 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. 9.1 Consultation No consultation was required in the preparation of this report. 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 & Regeneration 14 September 2026 Person to Contact: Peter Clyde, Licensing Standards Officer Municipal Buildings Dumbarton G82 1NR Tel. No. (Direct line) 01389 738741 Email: peter.clyde@west-dunbarton.gov.uk
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Official Appendices: Appendix 1 – Details of complaints received Appendix 2 – Memo from the Licensing Standards Officer requesting a review of Mr Divers’ Taxi/Private Hire Car Driver’s Licence. Background Papers: 1. Mr Divers’ Taxi/Private Hire Car Driver’s Licence. 3. Letter to Mr Divers dated 16 September 2026. Wards Affected: N/A