Taxi driver issued with Fixed Penalty Notice for smoking

A taxi driver, from Stratford-upon-Avon has been issued a Fixed Penalty Notice from Stratford-on-Avon District Council for smoking in their vehicle.

Licensing officers from the District Council, witnessed the driver, who has not been named, in possession of a lit cigarette, whilst driving a Hackney Carriage vehicle.

Officers issued the Fixed Penalty Notice of £50, under the Health Act 2006, Section 7 (Offence of smoking in a smoke free place) to a licensed driver. 

Cllr Christopher Kettle, Legal and Community Safety Portfolio at the District Council said: "The legislation to prevent smoking in smoke free places was introduced to protect members of the public from the harmful effects of second-hand cigarette smoke.

"It is illegal to smoke in any commercial vehicle carrying members of the public, including taxis and private hire vehicles.  The legislation requires all vehicles used for public transport to be smoke free at all times which includes when they do not have passengers.  Equally taxi drivers have a greater responsibility in that they need to protect the public health of their passengers."

Following the incident, the driver was reminded of his legal responsibility to ensure that his vehicle is smoke free and that smoking inside any licensed vehicle will not be tolerated.

The Fixed Penalty Notice was paid immediately and in full.

• On 1 July 2007 England became 'smoke free'. The Health Act 2006 was introduced to protect employees and the public from the harmful effects of second-hand smoke which prohibited smoking in virtually all enclosed public places, workplaces and public and work vehicles.
  
  
• Penalty for smoking in a smoke free premises or vehicles: A fixed penalty notice of £50 (discounted to £30 if paid in 15 days) imposed on the person smoking.
  
  
• Licensed vehicles are also required by law to display 'No Smoking' signs covered by the legislation. A 'No Smoking' sign should be displayed in a prominent position in each compartment of the vehicle, which is wholly or partly covered by a roof, including the driver's compartment.
  
  
• The legislation requires all vehicles used for public transport to be smoke free at all times. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks after a cigarette is stubbed out, releasing particles hazardous to health. This means drivers are not allowed to smoke in their vehicles even if they don't have any passengers.

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