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PostPosted: Wed Nov 30, 2011 9:13 am 
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Plymouth private hire driver fined for smoking

A Private Hire driver has been fined for smoking in his cab.

Andrew Lovering, aged 46, was spotted by a council officer with a lit cigarette in his parked car, Plymouth magistrates were told.

The court heard his vehicle had 'no smoking' signs inside.

Lovering, of Steeple Close, Plymstock, was summonsed to face magistrates accused of smoking in a smoke-free place, an offence under the 2006 Health Act.

He failed to attend court but the bench found the case proved in his absence.

Lovering was fined £100 and ordered to pay costs of £100.

Andrea Gilbert, for Plymouth City Council, said a taxi licensing officer spotted a parked private hire vehicle in Paradise Road, Devonport, on July 11.

She said the officer saw Lovering smoking inside the car, though the window was wound down.

Mrs Gilbert added the officer approached the driver and issued him with a fixed penalty notice, which would have been £30 if paid quickly.

She said: "He told the inspector: 'Are you telling me I cannot smoke in my car?'."

Mrs Gilbert said the officer pointed out all he had to do was leave the vehicle before he lit up.

The court heard Lovering insisted he did not smoke while passengers were in the car.

Mrs Gilbert added the time period for Lovering to pay his fine passed and it was decided to prosecute.

Plymouth City Council confirmed after the case that an increasing number of fixed penalty notices had been issued for smoking in the workplace.

But only six people have so far been prosecuted for failing to pay the notices.

Seven people were fined in 2007, the same number in 2008; 22 in 2009; 30 in 2010 and 42 so far this year.

Two people were prosecuted in 2007, the same number last year and two so far this year.


http://www.thisisplymouth.co.uk/Taxi-dr ... story.html

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PostPosted: Wed Nov 30, 2011 9:14 am 
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captain cab wrote:
He failed to attend court but the bench found the case proved in his absence.

Lovering was fined £100 and ordered to pay costs of £100.

Clearly those JPs aren't using their Guidelines then. [-X

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PostPosted: Wed Nov 30, 2011 9:21 am 
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Sussex wrote:
Clearly those JPs aren't using their Guidelines then. [-X


What do the guidelines say?

CC

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PostPosted: Wed Nov 30, 2011 9:24 am 
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captain cab wrote:
Sussex wrote:
Clearly those JPs aren't using their Guidelines then. [-X

What do the guidelines say?

Not guilty plea, no evidence of income, £175 plus £15 victim surcharge (no prises for trying to work out who the victim is in this case that needs the £15), and the costs for the council bringing this case would have been several hundred.

So in effect the cab trade have paid for this out of their licensing fees more than the driver. :sad:

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