A TAXI driver is planning to return to court in a row with his local council over the colour of his cab.

Taxi driver George Jenkinson, 55, of Minors Crescent, Darlington, challenged the council last month after it ruled his car was not red enough.

He won the case against Darlington Borough Council, which was given 21 days to appeal.

After the deadline, which ran out on Wednesday, Mr Jenkinson made inquiries about licensing a red Fiat Multipla.

He said: "It is a brand new car and they have refused to give me a licence because they said it is the wrong colour. They are still sticking to their guns and defying the court."

Mr Jenkinson said the court hearing last month was told that legislation stated that a taxi can be any colour provided that the public can identify it as a cab.

He said the council was also told that a colour policy could only be introduced by a company and not a council.

During the two-day hearing in July, Bishop Auckland magistrates were told how regulations brought in by the council in 2000 meant that cars which were not bright red would not be granted licences.

Drivers already holding licences were permitted to carry on trading if the taxis were not the right colour until the vehicle was sold - but they were not permitted to advertise on the cars.

When Mr Jenkins advertised on his Fiat Multipla his licence was suspended.

Magistrates ruled that he was entitled to advertise and that all that was required was that a cab was red.

Mr Jenkinson said: "I want to go back to court and I want to see somebody sacked for this."

Barry Pearson, of Darlington Borough Council, said the council had not been left enough time to appeal against the decision because it did not receive the court's findings until two days before the deadline and did not have time to review its colour policy.

He said: "Our understanding of their decision was that we had discriminated against him but the appeal was on the issue of advertising on his cab, not on the issue of colour.

"The council has not changed its colour policy since July 2000 and we understand he bought the car after the colour policy was introduced. Mr Jenkinson has not presented a vehicle for licensing and he has not made an application to be refused. He has made inquiries.