CABBIE Alan Hosker has lost his appeal against Burnley Council's refusal to allow him to use a red and black taxi.

The council was awarded £225 costs by Pennine magistrates sitting at Reedley.

They upheld the council's ruling that as part of the licence conditions Hackney Carriages must be either all black or black with the top half cream.

Mr Hosker's £20,000-plus cab is red with a black roof. He argued it was a distinctive Hackney Carriage which could not be mistaken for anything else by the public.

Hackney Carriages in other towns in Lancashire and throughout the country did not have the black cab condition, he said.

Mr Hosker operates a minibus service in his home town of Padiham but can only use the red and black cab in Accrington. He wanted to operate both of them in Padiham.

He said a black respray would cost £2,000 and reduce the vehicle's value.

The council said Mr Hosker knew of the conditions when he was granted his Hackney Carriage licence.

They said the rule made Hackney Carriages distinct from private hire vehicles.

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