TaxiLawyer wrote:
Hi Gobby,
This seems an incredible case and neither I nor my colleague have heard of it. I would be grateful if you could provide further details? Perhaps the name of the Council involved and the licensing officer who sent you this. It seems strange being a 2010 case as these devices, from memory only came into existing after that time (if i'm correct)
Thanks also to those who have called. It's been interesting speaking to you all. I hope that we were able to assist.
Reckon he was blowing smoke...did not realise E ciggs were not around in 2010-his reply to my asking
Quote:
I don’t have the details anymore but the case was argued on the definition of smoking under Section 1 Health Act 2006 which defines it as "smoking tobacco or anything which contains tobacco, or smoking any other substance", and states that "smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked".
There was also reference to smoke, vapour or odour being emitted.
The section where it says employers may allow them to be smoked is wrong and in my view, having had this case in the Crown Court and would need to b challenged further in order have the legislation changed. So until such time as this challenge is made the law is quite clear e cigs are illegal
I think we are expected to touch our heels together with open hand to the forelock...trouble is these people have us by the curly's. They seem to make it up as they go along. So if they have revised the policy conditions to ban e-ciggs in taxis-and perhaps all council areas-what are the chances of successfully defending this in court to maintain your Taxi licence?
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