A CABBIE is preparing to do battle in court again with a council that has seen red over the colour of his taxi.

George Jenkinson defeated Darlington Borough Council in court last year after it told him to stop advertising on his Hackney carriage because it was the wrong shade of red.

Magistrates in Bishop Auckland ruled he was entitled to advertise and all that was req-uired was that the vehicle was red and could be distinguished from a private hire car.

Now the authority has refused Mr Jenkinson a licence for an identical vehicle - for not being red enough.

The 56-year-old pledged last night to return to court to fight the decision.

"I've spoken to my solicitor and we will go back to the magistrates and let them decide what is red," he said.

"It says on the log book that the taxi is red. It says on the safety certificate that the vehicle is red.

"The funniest thing is that the colour of the cab is the exact same shade as the council's own emblem. What is their problem?"

Mr Jenkinson, of Minors Crescent, Darlington, already has three identical maroon red licensed Fiat Multiplas, one of which was granted its licence after the court case.

The council made an exception for that car because it accepted that Mr Jenkinson believed the magistrates had ruled on the council's colour policy.

But the council's licensing manager, Barry Pearson, said Mr Jenkinson had bought the latest £16,000 car knowing it would be refused a licence.

"The council never changed its policy on colour. The court case was specifically in relation to the advertising.

"When we granted the last licence it was an exception and we told him he should not present another vehicle of that colour and expect it to be licensed."

Regulations brought in by the council in 2000 stipulated that cars which were not bright red would not be granted licences.

"We have the same policy on red which Newcastle has on black, Middlesbrough on black and yellow and Hartlepool on mustard yellow," said Mr Pearson.

Mr Jenkinson is also planning to sue the authority for £10,000 in damages over last year's case.