Smoking cabbies shouldn't get hopes up

A report by the local authority’s Chief Environmental Health Officer said a District Judge’s finding that as the vehicle was only occupied by the instructor at the time of the alleged offence, then anti-smoking legislation did not apply, would not alter the Council’s enforcement policy.The report stated: “This case was publicised quite widely and was of great interest to some taxi drivers who subsequently decided that the same exception should apply to them.”

But the officer stated it was Derry City Council’s view that this legal ruling was a misapplication of the law and that his Department favoured a later Magistrates’ Court decision that disallowed such a defence.

“I believe that such an exemption never existed and that the decision of the District Judge in the Magistrates Court was incorrect.

“Members of the Northern Ireland Chief Environmental Health Officers Group's Tobacco Task Group met to discuss this case with a solicitor engaged by another authority to prosecute a similar case where the defence was mounted on the basis of the Magistrates Court decision in Armagh.

“Subsequently the case was heard and the District Judge in this instance did not allow the defence. We believe that this case vindicates the actions of the enforcement service.

“We were, and remain, of the opinion that vehicles such as taxis (or other vehicles used by the public) should be smoke-free,” the report stated.