A DECISION whether to continue with a prosecution against a Pendle councillor and a business associate is set to be made next week.

Coun Mohammed Munir and David Geddes are being prosecuted by Pendle Council for allegedly operating a taxi business without planning permission.

The authority argues Mr Geddes leased property at 29A Hibson Road, Nelson, from the Bradley Ward councillor to run his private hire firm, Gemms, without prior approval.

A retrospective application for the business was rejected and an appeal was thrown last August.

The pair have been summonsed by the council and will go on trial before a jury at Burnley Crown Court on September 27.

However, a barrister's report to councillors on the Nelson Committee states any trial would be likely to last five to seven days and the defence will argue the case is an abuse of the court process.

If the authority proceeds and lose they may be ordered to pay substantial costs.

The report added the alleged misuse of the property continued for five weeks after an enforcement notice - and even if convicted the pair would probably only receive a nominal fine or discharge.

Peter Frost, senior solicitor for Pendle Council, said it wanted to be seen as being open and not making decisions behind a councillor's back.

He said: "The report will be discussed by councillors and it is up to them to make a decision whether to continue the prosecution or not. If they decide against continuing the prosecution, the case will be dropped."

Members of the Nelson Committee will make their decision when they meet at the town hall on Monday at 7pm.