Darlington'S taxi licencing authority is making one exception to its bright red cab policy because of the apparent ambiguity of a recent court case.

Hackney driver George Jenkinson, 56, of Minors Crescent, Darlington, successfully challenged the council last month at Bishop Auckland Magistrates' Court over the suspension of his licence.

It was withdrawn because he had put advertising on a existing maroon red taxi - an intended perk for owners of the bright red vehicles laid down in its July 2001 policy.

Drivers already holding licences for other coloured vehicles could carry on trading until they needed replacing, but they could not advertise on them.

Magistrates ruled Mr Jenkinson had been granted a licence - so he was entitled to advertise. All that was required was that the vehicle was red so that the public could distinguish between hackney and private hire taxis.

Mr Jenkinson took that to mean that he could go about licensing his brand new red Fiat Multipla without any difficulty and he was angry to learn that wasn't going to be the case.

"They are sticking to their guns and defying the court by saying it is the wrong colour," he said earlier this week.

On Tuesday Barry Pearson, the council's licensing manager, said the council had decided not to appeal against the decision made on the narrow issue of the advertising.

From now on there will be no colour requirement for existing licence holders who want to apply for permission to advertise on their cabs.

He pointed out: "The court decision doesn't directly overturn our colour policy, which is a condition of the licence."

The magistrates had studied a precedent set by a similar Newcastle case, where a driver won his appeal on the colour black. But the judge said in future anyone wanting a licence should check with the local authority first.

"But because Mr Jenkinson believed the recent magistrates decision had overturned our colour policy - and then went out and bought a new cab - we have agreed to treat him as a separate case.

"We have said that if he presents his vehicle for inspection and it meets all the legal requirements, we will give him a licence."

"We have had inquiries from existing taxi drivers who think they no longer have to have bright red, but there is no change. Anyone thinking of applying for a licence should check with us first"

A complete licensing review is on the cards before the end of this year.

"We told taxi drivers in May that we intended to do this and it has taken longer than anticipated because of pressure of work," he added.