Published on:
16
July 2012
Clackmannanshire Council have this week issued a warning to all taxi and private hire taxi drivers in the County, they face a hefty fine if they smoke, or allow passengers to smoke in their cars.
On 26 March 2006, The Smoking, Health and Social Care (Scotland) Act 2005 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 created offences relating to smoking in certain no smoking premises.
No Smoking premises include any vehicle available to the public as a means of transportation and includes any taxi and private hire car.
Vice-Convenor of the Council's Licensing Board, Councillor Les Sharp said: " A vehicle licensed by Clackmannanshire Council as a Taxi or Private Hire Car is considered to be no smoking premises at all times regardless of its use at any given time.
"The absence of a roof sign or plates does not exempt a taxi or private hire car from the legislation, even if at that particular time the vehicle is being used for the private purposes of the owner or driver.
"Such a vehicle can only be considered to be a private car again, when the plates for the vehicle have been surrendered and it is declared that the vehicle is no longer to be used as a taxi or private hire car."
A number of drivers of Taxi's and Private Hire cars in Clackmannanshire have been detected smoking within their vehicles. The offence of smoking within no smoking premises carries a maximum fine of £1,000. Allowing another person to smoke in no smoking premises carries a maximum fine of £2,500.
The Act allows for offences that are detected to be disposed of by issuing a fixed penalty notice to the individual involved.
Councillor Sharp added: "Smoking in taxis in Clackmannanshire is a matter that the council has received a number of complaints about.
"The Council has 15 enforcement Officers who investigate these matters and monitor compliance where required. Fixed penalties are only issued where there is clear evidence of an offence being committed, this evidence comes form the Officer's own observations, and is usually coupled with evidence of a smell of fresh tobacco smoke from the vehicle and the tell tale traces of ash and tobacco both on the inside and outside of the vehicle.
"Where there is any doubt that an individual is smoking and committing an offence the benefit of that doubt will always be given to the alleged offender."
The Smoking Health and Social Care (Scotland) Act 2005 also requires any person who has management or control of no smoking premises which are vehicles to display a notice in a conspicuous manner so that it is visible to persons approaching and persons within the vehicle.
All drivers are reminded that it is an offence to smoke, or allow another person to smoke, within a taxi or private hire care at any time.
Councillor Sharp went on: "Enforcement officers employed by Clackmannanshire Council have and will continue to carry out regular checks in relation these matters.
"Fake and electronic cigarettes are not covered by the smoking ban and as such Clackmannanshire Council has no policy on the use of these devices in enclosed public places and vehicles."