A TAXI driver has been warned by a High Court judge he could lose his licence if he fails to produce a reference.

However, Judge Andrew Nicol QC at the High Court yesterday refused to suspend George Jenkinson from driving taxis in Darlington.

Darlington Borough Council has said all taxi drivers must complete a Driving Standards Agency test and get a reference from the Criminal Records Bureau (CRB) before they can be issued with a licence.

Mr Jenkinson, of Honeywood Gardens, has not provided an up-to-date CRB reference and has appealed against the council's decision to suspend him.

In November, the appeal was adjourned at Bishop Auckland Magistrates' Court.

The council challenged the decision to adjourn in the High Court and has said Mr Jenkinson's appeal should be dismissed.

Yesterday, Judge Nicol ruled the adjournment was unlawful - but declined to give the council a mandatory order granting its demand that the cabby's appeal be dismissed.

Instead, the case will return to the magistrates' court as soon as possible for a full hearing.

Judge Nicol said there was no guarantee that, even if Mr Jenkinson fails to produce an up-to-date reference, his case would fail. However, he warned the taxi driver that failure to comply with the council's wishes would leave him a "formidable hurdle" to jump, even if dismissal of his case by the magistrates was not inevitable.

In an earlier hearing, barrister Joan Smith, for the council, said while the case is still being heard, Mr Jenkinson is free to drive while the council has no idea of whether he has previous convictions.

Miss Smith added that it could set a dangerous precedent as other taxi drivers could continue to work with the public while convictions remained undiscovered.

A council spokesman said the authority did not want to comment while the case was ongoing.