Ciggie costs cabbie £715 and his licence

By Neil Speight

http://www.echo-news.co.uk/mostpopular.var.2075167.mostcommented.ciggie_costs_cabbie_715_and_his_licence.php
A TAXI driver who couldn't resist a quick smoke in his cab found himself in court - and £715 out of pocket.

Basildon magistrates heard on November 2 last year, a Thurrock Council official spotted Alan Cross smoking in his taxi on the Grays railway station rank. He warned he faced a fine or possible prosecution.

Later the same day, he was again seen smoking by five witnesses, the court was told. After that, the council suspended his taxi licence.

Cross, 47, failed to attend court, claiming he had not been notified and was still preparing the case for his defence.

He admits the first offence, but claims he was nowhere near the rank when officials claim the second offence was committed. He says he is the victim of mistaken identity.

In his absence, Cross was found guilty of smoking in a taxi - an offence against the 2006 Health Act - and failing to comply with the request of an officer.

He was fined £300 and ordered to pay costs of £400, plus a £15 victim surcharge.

Cross, of Cole Avenue, Chadwell St Mary, Cross said he was angry the case had gone ahead without him.

He said: "Every lunchtime, when this is alleged to have happened, I'm not on the rank. I'm taking my wife to or from work, depending on her shift.

"Through my solicitor, I applied for an adjournment, but we didn't hear anything until the Echo rang to tell me what had happened in court. I'm stunned and angry. I have not had my day in court and I have been hit with a ridiculous fine."

Ben Maney, Thurrock councillor responsible for community protection, said: "The council takes the protection of residents very seriously and is under an obligation to act against those who flout the law."

However, Simon Clark, director of pro-smoking group, Forest, said: "This is ridiculous. The level of the fine is grotesque and draconian.

"People walk away from courts with much less punishment for much greater offences. What harm could he possibly be doing to anyone else having a smoke in his cab on his own?"

Cab drivers are fined for smoking

Three taxi drivers have been fined for smoking in their cars.

The drivers were fined £50 each by Stratford-upon-Avon District Council after environmental health officers claimed they were smoking.

The council said they had broken laws, brought in in July, making it illegal to smoke in workplaces in England, including private hire vehicles.

The drivers were issued with fixed penalty notices, which one intends to contest at a magistrates' court.

Smoking in enclosed public spaces was banned in England on 1 July .

The new laws mean drivers must park and get out of their cars to smoke because a taxi counts as a public space.

Stratford-upon-Avon District Council says the fines showed it was ready to take action to protect the public against the health impacts of passive smoking.

It is understood it is the first time the council has taken action against anyone using the new legislation.