CABBIES in Burnley are taking the council to court over a decision to more than triple the number of hackney cabs in the borough.

The Hackney Carriage Association, representing the existing 16 licence holders, has instructed solicitor Basil Dearing to seek a judicial review in an attempt to get the decision overturned in the courts.

They claim the proposed increase in black cabs will reduce their earnings and even drive some out of business.

Angry banner-waving cabbies gathered on the town hall steps before last night's meeting of the full council and then crowded into the public gallery in the council chamber.

They and members of the council were told by chief executive Roger Ellis the decision of the public protection committee could not be changed because they had acted with delegated powers.

The committee had agreed with an independent consultants' report that there was significant unmet demand for hackney carriages, despite a protest petition and opposition from both hackney carriage and private hire firms.

Members decided to allow up to 18 additional black cab licences this year and a further five each year for the next four years - taking the total to 54.

They gave the go-ahead after hearing that to impose a restrictive ban on new licences could lead to applicants challenging the council in costly court proceedings. Last night's meeting was addressed by Mr Dearing and by former council leader Ken McGeorge, who both claimed that findings in the survey were flawed.

Councillor Mozaquir Ali handed over a petition signed by the cabbies and "hundreds'' of supporters and asked: "Has the Labour Party got something against these people? Why are you intending putting these people out of jobs?

"Why are you letting these people down?''

He and other councillors said they did not accept that the committee had delegated powers to make policy changes.

Mr Ellis said the committee had delegated powers to deal with licensing issues and that it would be wrong to accept an amendment to the decision in council.

The council had received applications for new licences. Under the 1985 Act the only way the could not issue new licences was to show there was no demand.

An independent survey had been carried out which showed a substantial demand.

Coun Arif Khan said it looked like a conspiracy against the cabbies.

Coun Stephen Wolksi said the decision was taken on substantial legal advice.

In court, costs would have gone against the council trying to defend a situation they could not win.

Public protection chairman Coun Philip Walsh said other local towns had more black cabs than Burnley.

The process of issuing new licences had started and they had so far received 33 applications.

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