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| Blackpool Cabbie Fined Under Smoking Laws http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=7695 |
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| Author: | Cybro [ Mon Jan 14, 2008 6:50 pm ] |
| Post subject: | Blackpool Cabbie Fined Under Smoking Laws |
14 Jan 2008 Cabbie fined under smoking laws A BLACKPOOL taxi driver has had to pay more than £500 after failing to put a No Smoking sticker in his cab. Michael Boaler was fined £250 with £250 costs after being prosecuted by Blackpool's licensing team. He was also ordered to pay a £15 surcharge for the victims of crime after failing to display the stickers which cost £1. The conviction means Boaler now has to go before the town's public protection sub committee and could face losing his licence or being suspended. Officials say the example should send out a strong message to the resort's cabbies they must abide by new no smoking laws. Boaler, 44, of Hodder Road, Fleetwood, was found to have breached smoking ban laws by failing to display one of the small logos during a cab crackdown in August – one month after new legislation was brought in. Police and licensing officials, checking over his hackney carriage as part of an operation to move private hire vehicles out of street taxi ranks, gave Boaler a fixed penalty notice of £150 for the breach. But when he failed to pay the fine the council decided to take legal action. He pleaded guilty at Blackpool magistrates court. Vicki Cartmell, prosecuting solicitor for the council, said: "Blackpool is taking a robust stance on this issue. Drivers have to realise that if they don't display the sign they are breaking the law. "Some drivers mistakenly think it is the owner's responsibility to put up the signs but the person who is behind the wheel will receive a fixed penalty if there is no sign. "They cannot claim ignorance. This issue has been widely publicised and all taxi owners received a letter reminding them of their obligations in a letter April." Boaler is the third resort taxi driver to have been taken to task under the new smoking ban legislation. Two drivers caught smoking in their cabs, both on two occasions, received fixed penalty notices and went before the public protection committee where they were given official written warnings about their behaviour. Source: Blackpool Gazette |
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| Author: | Sussex [ Mon Jan 14, 2008 6:57 pm ] |
| Post subject: | |
There is no-one that has a lower opinion of smoking than me. It kills, nuff said. But fining someone £500 and threatening to take his livelihood away is taking the p***, and taking it big-time.
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| Author: | grandad [ Mon Jan 14, 2008 7:19 pm ] |
| Post subject: | |
He should have been aware of the law and his duties under that law. If he chose to ignore the law then it is his own fault. |
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| Author: | Sussex [ Mon Jan 14, 2008 7:28 pm ] |
| Post subject: | |
grandad wrote: He should have been aware of the law and his duties under that law. If he chose to ignore the law then it is his own fault.
I agree, but someone who smokes shouldn't be deemed not to be 'fit and proper' just for smoking. |
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| Author: | JD [ Mon Jan 14, 2008 7:28 pm ] |
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Petty and absolutely ridiculous. A warning should have been sufficient even though he should have been aware of the new laws. If he failed to install stickers after that then by all means take him to court, if they feel that way inclined. To threaten a man's livelihood over a sticker is preposterous. I suppose its another case of Councils know best. Get them out of Taxi licensing altogether. Regards JD |
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| Author: | ALS [ Mon Jan 14, 2008 7:39 pm ] |
| Post subject: | |
HIS WARNING WAS THE INITIAL £150 FINE - THAT WOULD PROBABLY HAVE BEEN IT ALL OVER? STILL THINK A BIT HARSH IF THEY TAKE HIS LIVING AWAY THOUGH JD wrote: Petty and absolutely ridiculous. A warning should have been sufficient even though he should have been aware of the new laws. If he failed to install stickers after that then by all means take him to court, if they feel that way inclined.
To threaten a man's livelihood over a sticker is preposterous. I suppose its another case of Councils know best. Get them out of Taxi licensing altogether. Regards JD |
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| Author: | Sussex [ Mon Jan 14, 2008 8:18 pm ] |
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Just read the story again and the lad didn't even get caught smoking.
Just didn't have a sticker in his window. WTF didn't the LO just give them to him, and stopped him working until he put them on. Would have taken 2 minutes and everyone would have been happy. Methinks Blackpool Council are on a par with Blackpool itself. A sh**house.
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| Author: | skippy41 [ Mon Jan 14, 2008 8:19 pm ] |
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ALS wrote: HIS WARNING WAS THE INITIAL £150 FINE - THAT WOULD PROBABLY HAVE BEEN IT ALL OVER?
STILL THINK A BIT HARSH IF THEY TAKE HIS LIVING AWAY THOUGH JD wrote: Petty and absolutely ridiculous. A warning should have been sufficient even though he should have been aware of the new laws. If he failed to install stickers after that then by all means take him to court, if they feel that way inclined. To threaten a man's livelihood over a sticker is preposterous. I suppose its another case of Councils know best. Get them out of Taxi licensing altogether. Regards JD When did they put up the fines i thought it was only £50 reduced to £30 if paid within a certain time and thats if your cought smoking |
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| Author: | JD [ Mon Jan 14, 2008 8:31 pm ] |
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ALS wrote: HIS WARNING WAS THE INITIAL £150 FINE - THAT WOULD PROBABLY HAVE BEEN IT ALL OVER?
I was under the impression that a warning or caution was the alternative course of action to a fine or fixed penalty. That was my reasoning. Before the initial penalty of £150 was issued he wasn't given any warning or caution but I suppose revenue takes priority over giving a person the opportunity to rectify their mistake. Regards JD |
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| Author: | gusmac [ Mon Jan 14, 2008 9:48 pm ] |
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So you can drive any old piece of crap as a hack in Blackpool. So long as it has a no smoking sticker on it
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| Author: | JD [ Mon Jan 14, 2008 9:53 pm ] |
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gusmac wrote: So you can drive any old piece of crap as a hack in Blackpool.
So long as it has a no smoking sticker on it ![]() I'm not sure if the health warning relates to smoking or riding in the cab? Regards JD |
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| Author: | MR T [ Mon Jan 14, 2008 10:59 pm ] |
| Post subject: | |
The lad in question had two no-smoking stickers in the back of his cab... but was prosecuted because he did not have a sticker in the front... they carry a passenger in the front in a TX one . As a side issue for JD I believe that the Blackpool hackney trade are about to embark on a judicial review with Blackpool licensing... when you find the reasons why the mind will boggle....
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| Author: | JD [ Mon Jan 14, 2008 11:06 pm ] |
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MR T wrote: The lad in question had two no-smoking stickers in the back of his cab... but was prosecuted because he did not have a sticker in the front... they carry a passenger in the front in a TX one .
As a side issue for JD I believe that the Blackpool hackney trade are about to embark on a judicial review with Blackpool licensing... when you find the reasons why the mind will boggle.... ![]() Well when they apply no doubt it will come to our atttention. Perhaps we could tell them the likely result befoe they went to court? Regards JD |
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| Author: | MR T [ Tue Jan 15, 2008 5:16 am ] |
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JD wrote: MR T wrote: The lad in question had two no-smoking stickers in the back of his cab... but was prosecuted because he did not have a sticker in the front... they carry a passenger in the front in a TX one . As a side issue for JD I believe that the Blackpool hackney trade are about to embark on a judicial review with Blackpool licensing... when you find the reasons why the mind will boggle.... ![]() Well when they apply no doubt it will come to our atttention. Perhaps we could tell them the likely result befoe they went to court? Regards JD A fool and his m****
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